If you suffer from an injury or medical condition that prevents you from working for an extended period of time you should be eligible to receive long-term disability benefits from your insurance company. However, simply having a disability policy with an insurance company and paying your monthly premiums does not guarantee that your LTD claim will automatically be approved.
Even major insurance companies have been known to deny legitimate long-term disability claims, so there is a high probability that you will have to fight to receive the long-term disability benefits you are entitled to at some point in the process. Even if your claim is approved at first, the insurer will likely terminate your benefits before you return to work or reach the maximum benefit period for your policy.
Whether you have an employer-provided group disability insurance coverage or you obtained an individual LTD policy, long-term disability insurance companies are aware that it is difficult for the average person to appeal a denied claim in a timely manner. Insurance companies will try to take advantage of you by denying even the most well-supported claims.
I Was Approved for Social Security Disability, So Why Was My Claim for Long Term Disability Benefits Denied?
An insurance company is not bound by the decision of any other insurance company or governmental agency. The insurance company should take your approval for Social Security Disability into consideration when reviewing your claim, so this information should be contained in your claim file, but it does not guarantee that your insurer will come to the same decision.
A Long Term Disability Lawyer Can Help You Win Your Fight Against the Insurance Company
You see, your disability insurance company understands the rules and regulations that govern long-term disability claims, such as the Employee Retirement Income Security Act (ERISA), which is a federal law that provides very specific procedures and time limits for claims related to employer-managed insurance and retirement plans. The insurance company will use those rules and regulations against you.
Your insurance company also knows that you are struggling with your health and may not be prepared to fight back if you are denied benefits. If your insurance company denies your long-term disability benefits claim you need the assistance of a disability attorney and a team of professional staff who understand your struggle and know how to use those same rules to fight back and protect the rights of people filing disability claims.
When Should I Hire an Attorney?
Many disabled workers filing for long-term disability benefits do not consult with an attorney when their claims are first denied and that is a huge mistake. Depending on the terms of your policy, you may only have one opportunity to submit an appeal. An experienced long-term disability lawyer will ensure that your appeal includes all of the information necessary to prove your claim.
This is extremely important, as a court will only look at the information that was submitted to the insurance company during the administrative appeal process; you cannot add more information once you go to court.
Why Choose Ortiz Law Firm?
Long-term disability lawyer Nick A. Ortiz and his experienced legal team are here to provide the legal help you need to get you through this difficult process. The Ortiz Law Firm was founded in 2012 to help people like you obtain the benefits they are entitled to and we are dedicated to protecting our clients from abusive tactics by insurers. We will put our extensive experience with long-term disability policies to work to help you receive the benefits you deserve.
The Ortiz Law Firm Difference
Our Long Term Disability Attorney Represents Claimants Nationwide
We help individuals in Florida and across the country receive the LTD benefits they are entitled to. Whether your employer provides the insurance coverage, or you are responsible for paying the premiums yourself, our long-term disability attorneys can help.
How We Can Help With Your Long Term Disability Insurance Claim
Policy Analysis
Your policy is the document that determines the definition of disability, duration of benefits, and the amount of your payment for each month. Some of your policies have conditions or limitations. Long-term disability insurance policies can be difficult to understand. Although they may be issued by the same insurer each long-term disability policy is unique. Our law firm will review your policy and explain any definitions or limitations that you need to be aware of.
Administrative Appeals
Long-term disability lawyer, Nick A. Ortiz, represents individuals whose disability insurance claims have been wrongfully denied or terminated. If your initial claim was denied or your long-term disability insurance benefits were cut off prematurely we can help you through the administrative appeal process.
While preparing your appeal we will gather evidence to support your claim, including office visit and medical treatment notes, residual functional capacity forms that are opinions from vocational experts,
We may also be able to help with a wrongful denial of short-term disability if you also have long-term disability insurance coverage and are expected to be out of work long enough to roll over into the long-term disability claims process.
Lawsuits
Even if your appeals are denied you can continue to pursue your disability claim. If you have exhausted your administrative appeals with the insurance company you have the right to take legal action by filing a lawsuit.
Having experience in the handling of LTD matters in litigation is essential. LTD cases should never go into litigation without the expertise of a qualified disability attorney.
Lump-Sum Buyout Offers
If you have received a lump-sum buyout offer from your insurance carrier our legal team can help you evaluate the fairness of the offer and negotiate for a higher settlement amount.
The offer above only applies if the insurance company has already set forth an offer to buy out a claim for a lump sum. We will not contact your insurance carrier to request a lump sum buyout of your claim.
We Will Take On Any Insurance Company
The Ortiz Law Firm has recovered millions of dollars in wrongfully denied long-term disability benefits. Our long-term disability lawyer has filed appeals and litigated claims against all the major insurance companies offering long-term disability insurance coverage in the United States, including Cigna, Unum, Lincoln, Prudential, Liberty Life, MetLife, The Hartford, Aetna, and more. Despite the fact that these insurance companies have billions of dollars in resources, the Ortiz Law Firm does not fear a single one of them.
A disability insurance company may hire outside or “third-party” claims administrators to review and decide on a long-term disability claim. Our long-term disability attorneys handle claims against both “first-party” plan administrators and against “third-party” claims administrators.
You can click here to view our complete list of long-term disability insurance companies that we have experience with.
We Handle Group and Individual Disability Insurance Claims
We handle group disability claims that are governed by ERISA regulations and non-ERISA individual disability insurance (“IDI” or “DI”) policy claims governed by state disability law. Claims governed by ERISA are much more common than non-ERISA claims. A long-term disability attorney can help you determine whether your long-term disability claim is governed by ERISA.
Long Term Disability Resources to Help with Your Claim
Let our firm take on the burden of the LTD process for you. Disability insurance policies and disability law are complicated, but an experienced attorney can help you fight back against a denied claim. You can also use the following free resources to help build your best case.
The Top Ten Mistakes That Will Destroy Your Long Term Disability Claim (eBook)
Common mistakes include ignoring your disability policy, or in some instances not understanding the definition of disability used in the policy. It would be a challenge to prove that you meet the terms of the policy if you do not know what those terms are.
You can prepare for your long-term disability insurance claim and avoid unnecessary mistakes by requesting a free copy of our guide to common mistakes made by applicants, Top 10 Mistakes That Will Destroy Your Long Term Disability Claim.
Residual Functional Capacity Forms
Your medical records may state what your medical conditions are, but they won't always include a detailed report of your symptoms and resulting limitations. A residual functional capacity form completed by your doctor, also known as an RFC form, can greatly improve your chances of your long-term disability insurance claim being approved.
The forms used by insurance companies (often called attending physician forms or “APS” forms) do not make it easy for your doctor to assess your limitations and restrictions. These forms are written by insurance companies, so it is no surprise that they would be written in a way that favors the insurance company.
Our forms are particularly helpful for bridging the gap between your medical condition and why you are unable to work. You can download a form that is specific to physical limitations or a form that is specific to mental limitations. Clients of the Ortiz Law Firm will receive forms that have been customized to their disabling conditions.
Your Doctors Guide to ERISA Disability Claims
We also have a guide for your doctor that explains why it is so important that the medical professionals treating your condition fill out disability claim forms as well as any RFC forms.
Long Term Disability Case Studies
This case study will give you a look at a real claim for fibromyalgia and how we were able to help our client obtain benefits. We also have a case study that discusses the case of a cancer patient who was wrongfully denied benefits.
Symptom and Treatment Logs
It’s important to document your symptoms and treatment. Use our medication log, doctor’s visit record, and migraine headache diary to keep your medical evidence organized.
The Ultimate Appeal Checklist
Are you preparing to file an administrative disability appeal? Our ultimate appeal checklist will assist you in gathering the medical records and other evidence you need to provide the claim adjuster with proof of your disability.
Long Term Disability Case Results and Federal Court Case Summaries
You can also review our past case results or browse federal court case summaries to gain a better understanding of ERISA law and how LTD claims are decided by insurance carriers and in federal court.
General Info
10 Things You Need to Know About LTD
Can a Disability Lawyer Speed Up a Case?
How a Lawyer Helps You Get Your Benefits
Medical Eligibility
Medical Qualification for LTD Benefits
Do You Have to Be Permanently Disabled?
Residual Functional Capacity Forms
Chances of Approval
Non-Medical Eligibility
Non-Medical Requirements for LTD Benefits
Can I Be Fired While I’m On Disability?
Reasons LTD Coverage Can Be Canceled
Denials and Appeals
Was Anything on Your Application Harmful?
Additional Parts of a Claim
Are you looking for information on a topic that is not listed above? Click here to view a complete list of our LTD blog posts.
Long Term Disability Frequently Asked Questions
What is ERISA And What Does It Have to Do with My LTD Claim?
Do I Need a Lawyer in My LTD Claim?
Does Disability Insurance Offset My Social Security Disability Benefits?
Why Is My Insurance Company Delaying Payment on My Claim?
How Do I Appeal a Denial of Benefits on My Own?
Can I Sue the Insurance Company?
What Is the Arbitrary and Capricious Standard of Review?
Should I Send Multiple Doctor’s Letters to The Insurance Company?
What Medical Conditions Are Considered for Long Term Disability?
Looking for information about a specific medical condition? Click here to view our complete list of impairments, medical conditions, and problems that may qualify you for long-term disability benefits.
Hire an Experienced Long Term Disability Attorney For Legal Help with Your Claim
The disability lawyers at Ortiz Law Firm offer legal representation to disability insurance claimants across the country and will fight for the benefits that you are entitled to.
When you schedule a free consultation with our office we will review your long-term disability policy as well as your denial or termination letter and advise you of how we would be able to help with your long-term disability case if you were to move forward with an attorney-client relationship. If you decide to move forward with our firm we will prepare your appeal or, when necessary, stand up for your rights in court against insurance companies acting in bad faith.
If your LTD benefits claim has been denied or terminated then contact us online or call our office at (866) 853-7703 to schedule your free consultation as soon as possible. We would welcome the opportunity for you to speak with our experienced disability lawyer about the benefits of forming an attorney-client relationship with our firm and to provide you with legal advice to help with your claim.