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Ortiz Law Firm | National Disability Law Firm

Ortiz Law Firm is dedicated to helping people recover the disability benefits they deserve. We handle group Long Term Disability (LTD) claims, individual disability insurance policy claims, ERISA disability claims, and Social Security Disability claims.

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Home | Disability Law Blog | Page 8

Disability Law Blog

Benefit Limitations In Long-Term Disability Claims For Chronic Fatigue Conditions

October 25, 2023 // by Nick Ortiz

Chronic fatigue conditions are increasingly recognized for impacting a person’s ability to work and perform daily tasks. In many cases, sufferers of these conditions may need to resort to long-term disability (LTD) insurance. Unfortunately, the path to accessing these benefits is not always straightforward, with claimants often facing …

Read moreBenefit Limitations In Long-Term Disability Claims For Chronic Fatigue Conditions
Category: Medical Eligibility for Long-Term Disability Claims

Financial Assistance While Waiting For Disability In Florida

October 23, 2023 // by Nick Ortiz

Staying afloat while waiting to be approved for disability benefits is a tricky issue in most cases. Help might be available while waiting for Social Security or long-term disability insurance payments, but you must piece it together. Below are some resources for claimants in the state of Florida. There may be similar resources available to …

Read moreFinancial Assistance While Waiting For Disability In Florida
Category: Long-Term Disability, Social Security Disability

Objective vs. Subjective Evidence In Long-Term Disability Claims

October 20, 2023 // by Nick Ortiz

Understanding the nuanced world of long-term disability (LTD) claims means understanding the differences between objective and subjective evidence. Objective evidence is physical, measurable proof of a condition, while subjective evidence typically comprises reported symptoms and experiences. The interplay of these two forms of evidence can …

Read moreObjective vs. Subjective Evidence In Long-Term Disability Claims
Category: Long-Term Disability

Does A Mental And Nervous Limitation Apply To My Long-Term Disability Claim?

October 18, 2023 // by Nick Ortiz

According to the Mental Health Foundation, nearly one in three people with a long-term physical condition also has a mental condition. Claimants with both mental and physical conditions may be concerned that their insurance company will apply a mental and nervous limitation to their long-term disability insurance claim. A mental health limitation …

Read moreDoes A Mental And Nervous Limitation Apply To My Long-Term Disability Claim?
Category: Additional Parts Of A Claim That Do Not Happen in Every Case

What Happens If I Lose My Social Security Disability Hearing?

October 13, 2023 // by Nick Ortiz

Far too many people give up when denied Social Security disability benefits after a hearing because they feel like they have no further appeal rights. We have helped claimants get approved on a new claim even after receiving an unfavorable decision from a judge in a prior claim. If you’ve been denied by an Administrative …

Read moreWhat Happens If I Lose My Social Security Disability Hearing?
Category: Social Security Disability

How To Maximize Your Chances Of Winning A Social Security Disability Claim

October 5, 2023 // by Nick Ortiz

Social Security Disability Insurance (SSDI) is a federal program that pays benefits to people who cannot work due to a disability. If you have a disability and are unable to work, you may be eligible for SSDI benefits. However, getting approved for SSDI can be a long and complicated process. Here are some things that …

Read moreHow To Maximize Your Chances Of Winning A Social Security Disability Claim
Category: Social Security Disability

3 Steps To Take If Your Long-Term Disability Claim Is Terminated

September 25, 2023 // by Nick Ortiz

Today, we will discuss the steps you should take if you previously received long-term disability benefits but the insurance company has terminated your claim. Here are the 3 steps to take following the termination of your long-term disability claim. Step 1: Request Your Claim File The first thing you need to do is request your …

Read more3 Steps To Take If Your Long-Term Disability Claim Is Terminated
Category: Long-Term Disability Denials and Appeals

Leveraging The Grid Rules After Age 50 To Secure SSDI Benefits

September 22, 2023 // by Nick Ortiz

Today, I’d like to delve into a crucial aspect of Social Security Disability Insurance (SSDI) claims: the “Grid Rules,” formally known as the “Medical-Vocational Guidelines.” These may be found in Appendix 2 to Subpart P of Part 404 of the Code of Federal Regulations. Note: They are called “Grid Rules” because …

Read moreLeveraging The Grid Rules After Age 50 To Secure SSDI Benefits
Category: Social Security Disability

What Is An On The Record Decision In A Social Security Disability Claim?

September 20, 2023 // by Nick Ortiz

When applying for Social Security Disability Insurance (SSDI) benefits, one term that often comes up is the On-The-Record (OTR) decision. This article will discuss an OTR decision and how it can affect your claim. What Is an On-The-Record (OTR) with SSA? An OTR decision is a fully favorable decision given without having to attend a …

Read moreWhat Is An On The Record Decision In A Social Security Disability Claim?
Category: Social Security Disability

Understanding The Differences Between Diagnosis And Functional Impairment In Long-Term Disability Claims

September 18, 2023 // by Nick Ortiz

When it comes to filing for long-term disability (LTD) benefits, many people assume that a medical diagnosis is the golden ticket to approval. While a diagnosis is an essential part of the process, it is not the only criterion that insurers or adjudicators consider. Understanding the nuanced differences between diagnosis and functional impairment …

Read moreUnderstanding The Differences Between Diagnosis And Functional Impairment In Long-Term Disability Claims
Category: Long-Term Disability

Will A Personal Injury Settlement Affect My Social Security Disability Benefits?

September 13, 2023 // by Nick Ortiz

Will a personal injury settlement affect my Social Security Disability Insurance (SSDI) benefits? Should I apply for disability benefits with a personal injury lawsuit pending? Does a lump sum payment for my injury impact my disability claim? The short answer is personal injury claims do not affect SSDI benefits, but they generally do affect SSI …

Read moreWill A Personal Injury Settlement Affect My Social Security Disability Benefits?
Category: Social Security Disability

The Standard Of Review In ERISA Long-Term Disability Lawsuits

September 8, 2023 // by Nick Ortiz

How will a federal judge make a decision about an ERISA lawsuit? There are two standards of review in ERISA cases: (1) the de novo review standard and (2) the arbitrary and capricious standard (also called the “abuse of discretion” standard). The judge will determine which standard applies to your claim based on the language …

Read moreThe Standard Of Review In ERISA Long-Term Disability Lawsuits
Category: Long-Term Disability Denials and Appeals

Can You Work While Receiving Long-Term Disability Payments?

September 6, 2023 // by Nick Ortiz

Long-term disability (LTD) insurance provides financial support to individuals who cannot work due to a disability. This type of insurance pays out a percentage of your pre-disability earnings to help maintain your quality of life. However, many people wonder whether they can continue to collect long-term disability benefits while returning to work …

Read moreCan You Work While Receiving Long-Term Disability Payments?
Category: Long-Term Disability

Social Security Disability Claim Timeline: What To Expect After Filing A Disability Claim

August 30, 2023 // by Nick Ortiz

My name is Nick Ortiz, and I am a Social Security disability attorney. I recently interacted with one of our clients, who received a favorable decision two years after starting his initial application. He was happy and relieved to finally get this good news. This made me think of a question we get from many …

Read moreSocial Security Disability Claim Timeline: What To Expect After Filing A Disability Claim
Category: Social Security Disability

What Is The Listing Of Impairments In A Social Security Disability Claim?

August 28, 2023 // by Nick Ortiz

The Listing of Impairments describes impairments for each of the major body systems that Social Security considers severe enough to prevent a claimant from doing any gainful activity, regardless of his or her age, education, or work experience (you can find these impairments on our website in our articles on the disabilities that may …

Read moreWhat Is The Listing Of Impairments In A Social Security Disability Claim?
Category: Social Security Disability

What Are Compassionate Allowances In Social Security Disability Claims?

August 21, 2023 // by Nick Ortiz

Social Security recognizes that it has an obligation to provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards. The Compassionate Allowances (CAL) initiative is a way of quickly identifying diseases and other medical conditions that invariably qualify under the …

Read moreWhat Are Compassionate Allowances In Social Security Disability Claims?
Category: Social Security Disability

Benefits Of Applying For Social Security Disability Insurance

August 18, 2023 // by Nick Ortiz

Social Security Disability Insurance (SSDI) is a lifeline that many rely on when the unexpected strikes. SSDI is a federal program that provides financial support and other benefits to people who cannot work due to a disability. To qualify for SSDI, you must have a disability that has lasted (or is expected to last) 12 …

Read moreBenefits Of Applying For Social Security Disability Insurance
Category: Social Security Disability

Continuing Disability Reviews For Social Security Disability Claims

August 16, 2023 // by Nick Ortiz

If you’re currently receiving Social Security Disability Insurance benefits, it’s important to understand that your benefits may not be permanent. The Social Security Administration (SSA) regularly conducts Continuing Disability Reviews to determine whether people are still entitled to receive benefits. The review performed by the SSA …

Read moreContinuing Disability Reviews For Social Security Disability Claims
Category: Social Security Disability

The SSA Adds New Conditions To Compassionate Allowances List

August 14, 2023 // by Nick Ortiz

The Social Security Administration (SSA) has added 12 new conditions to its list of Compassionate Allowances conditions. What Conditions Have Been Added to the List? Kilolo Kijakazi, Acting Commissioner of Social Security, has announced the addition of  12 new Compassionate Allowances conditions: 1p36 Deletion Syndrome, Anaplastic Ependymoma, …

Read moreThe SSA Adds New Conditions To Compassionate Allowances List
Category: News, Social Security Disability

Benefit Limitations In Long-Term Disability Claims For Chemical And Environmental Sensitivities

August 3, 2023 // by Nick Ortiz

Chemical and environmental sensitivities (CES) can lead to a wide array of disabling symptoms. In severe cases, these sensitivities can profoundly impact a person’s ability to work and complete regular life activities. When symptoms impact a person’s ability to perform their occupation, pursuing disability benefits is essential, …

Read moreBenefit Limitations In Long-Term Disability Claims For Chemical And Environmental Sensitivities
Category: Medical Eligibility for Long-Term Disability Claims

Benefit Limitations In Long-Term Disability Claims For Musculoskeletal Disorders

July 31, 2023 // by Nick Ortiz

Disability insurance can be a crucial lifeline for individuals who cannot work due to severe health conditions. One of the common health issues that lead to long-term disability claims is musculoskeletal disorders (MSDs). The impairments caused by these conditions are real and can significantly impact the ability to work. However, individuals …

Read moreBenefit Limitations In Long-Term Disability Claims For Musculoskeletal Disorders
Category: Medical Eligibility for Long-Term Disability Claims

What to Do After the Final Administrative Denial of Your Long-Term Disability Claim?

July 28, 2023 // by Nick Ortiz

Today, I want to talk to you about what to do after you receive your final long-term disability denial letter from the insurance company. When I say final, what that means is when you file for long-term disability benefits, if you’re denied, you usually have a right to at least one, if not two, appeals. …

Read moreWhat to Do After the Final Administrative Denial of Your Long-Term Disability Claim?
Category: Long-Term Disability Denials and Appeals

Cannon v. Aetna – Aetna Not Bound By SSA Disability Determination

July 24, 2023 // by Nick Ortiz

In Gregory Cannon v. Aetna, a pharmacist challenged Aetna’s denial of short-term disability benefits, arguing the insurer ignored his symptoms, failed to follow internal procedures, and overlooked his Social Security approval. The court sided with Aetna, finding no abuse of discretion and concluding Cannon failed to provide sufficient objective …

Read moreCannon v. Aetna – Aetna Not Bound By SSA Disability Determination
Category: Disability Case Summaries
Tags: Aetna

Dardick v. Unum – Court Upholds Cardiac LTD Claim Denial

July 24, 2023 // by Nick Ortiz

In Dardick v. Unum Life Insurance Company of America and First Unum Life Insurance Company, Unum succeeded in denying the claimant long-term disability insurance benefits. Dardick filed a lawsuit after Unum Life Insurance Company of America denied his claim for benefits under a group disability benefits plan provided by his previous …

Read moreDardick v. Unum – Court Upholds Cardiac LTD Claim Denial
Category: Disability Case Summaries
Tags: Unum
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