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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.
The Definition of Disability One of the most important things to know is how disability is defined in your policy. Whether you have an employer-provided group policy or an individual policy, there are significant differences in the definitions of disability. Understanding these differences is crucial for filing successful long-term disability …
What Is an Independent Medical Examination? An independent medical examination (IME) is an exam performed by a medical professional not currently associated with your case. However, we don’t like using the term “independent” when referring to a medical examination ordered by a disability insurance company. The word independent is …
Many people on long-term disability worry about whether they will continue to receive benefits beyond the two-year mark, and for a good reason: Long-term disability denials are common after two years because most disability insurance policies change the definition of disability or will no longer pay benefits for certain conditions after benefits …
When most people file a long-term disability appeal, it is a really basic, one or two-paragraph appeal letter that says, “Look, long-term disability insurance company. I really think you got this one wrong. I think there is more than enough evidence to support my long-term disability claim. I want you to go back, take another …
If your disability insurance company has denied or terminated your long-term disability claim, you should review your insurance policy to familiarize yourself with your appeal rights and requirements. Specifically, you should determine how many appeals you have the right to or are required to file before you can file a lawsuit against your insurer. …
I cannot emphasize enough that the most important part of a Social Security Disability claim is medical records. The most common response I receive from my clients is, “How am I supposed to see a doctor or go to the hospital if I don’t have any money or insurance?” This is a valid point. In fact, lack …
Doctor shopping is the practice of seeking out multiple doctors – often to either: (1) obtain a specific diagnosis or medication or (2) find one that agrees with you on your disability or illness. Doctor shopping is not just for claimants; insurance carriers have also been known to doctor shop. What Is Doctor Shopping? When …
People often ask us what the chances are that they will win a lawsuit in a long-term disability claim. It is impossible to answer with certainty because of the number of factors that go into the decision. However, I can speak from our firm’s own experience. First, we must clarify what we mean by “winning a lawsuit.” …
When you’re going through the long-term disability application process the insurance company will typically send you an application that has a few pages of questions for you. One of the questions is, “What is it about your condition(s) that keeps you from being able to work?” There might be two lines for you to fill in why …
When you’re denied long-term disability benefits, you must go through the administrative review process. If your appeals are unsuccessful, the next step is to go to court. Winning an LTD claim in court can often feel like an uphill battle. In this post, we’ll delve into the reasons why winning an LTD claim in court is so challenging. When you …
Creating a “Day In The Life Of” video to submit with your long-term disability appeal can be crucial to the success of your claim. Documenting your challenges and limitations on video can effectively convey the reality of your situation to the disability insurance claims adjuster. What is a Day in the Life of Video? A video …
We are often asked, “What are my chances of winning a long-term disability appeal?” This is impossible to answer with certainty because of the number of factors that go into the decision. These factors include, but are not limited to, your age, education, work history, disabling medical conditions, and the medical evidence. That …
When you file a long-term disability claim, remember that disability insurance companies are businesses looking to make a profit. These companies often use clever strategies to delay or deny your claim. If your insurance company has denied your claim, you should consider contacting a long-term disability attorney. We have extensive experience with …
When applying for long-term disability benefits, your credibility can be the linchpin of your case. Insurers scrutinize every detail, from medical records to personal statements, to ensure that claims are legitimate. Establishing and maintaining your credibility throughout the application process is crucial for securing the benefits you deserve. In …
What – or who – is a treating physician? A treating physician is a medical doctor who provides medical treatment for you and has or has had an ongoing relationship with you. There must be a history of treatment between the medical provider and the patient for the medical provider to be considered a treating …
The long-term disability claim process is often long and frustrating. Having to track down medical records and speak with insurance representatives can be tiresome, especially if you are dealing with the daily frustrations of your disability. You can help minimize your frustration by building a well-supported disability claim. Here, …
If you avoid following your doctor’s treatment plan as prescribed (like refusing to have surgery), the insurance company may claim that you are refusing to do what you need to do to get better so you can work and will deny your long-term disability claim for that. However, you should not be denied for failure to comply …
Having your long-term disability insurance claim approved is a significant first step towards receiving benefits. The next stage is waiting to receive payment. In a disability insurance policy, this is called the elimination period. What Is the Elimination Period? The elimination period is the period of time that you must wait to receive your first …
When applying for benefits, you must provide evidence to prove that you qualify for long-term disability benefits. You must provide your insurance company with medical records from only the doctors treating you for your disability. Providing medical records that are not related to your disability is irrelevant and could hurt your claim. The …
At the end of the day, a long-term disability claim is governed by a contract. You, perhaps through your employer, but with an insurance company, have an agreement where if you’re unable to work they’re to pay you benefits under the disability plan. Most people, when they’re given this type of benefit through their employer, they receive …
In October 2017, I received an email from a long-term disability defense attorney announcing his involvement in a webinar. The webinar’s title was “ERISA Wrongful Denial of Benefits Claims: Procedural Prerequisites and Key Defenses.” The email laid out the issues they were going to cover, which gives you insight into how an …
Completing paperwork for your long-term disability claim is one of the first steps in the process. While it is essential to provide accurate and thorough information, too often people share too much or not enough on their paperwork that can open the door for a denied claim. Five Simple Guidelines To Follow When Applying For Long-Term …
For the purpose of this article, we’re classifying government employees as anyone who works for a municipality, state, or the United States federal government. Another thing to clarify is that we’re talking about government employees with long-term disability insurance policies through a group plan or their employer. We are not talking about plans …
Long-term disability (LTD) and Social Security Disability Insurance (SSDI) are two very different disability benefits: Being approved for Social Security disability benefits can be a long process- usually longer than the long-term disability process. For this reason, it is good to have a long-term disability policy as well. You may be under the …