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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.
We recently helped a client get her long-term disability (LTD) benefits reinstated after they were wrongfully terminated by Prudential—without having to complete a formal appeal. This case highlights the importance of experienced legal help when insurance companies create confusion or apply the wrong standards. Background: Mental Health and Long COVID Our client had been receiving …
As a member of the American Institute of Certified Public Accountants (AICPA), you likely have access to a robust disability insurance policy designed to protect your financial well-being in the event of a disability. Navigating the AICPA disability insurance claim process can be daunting, but with the right approach and support, you can successfully secure …
I’ve had the privilege of helping many claimants appeal unjust long-term disability claim denials. One such case that stands out involves a claimant who had dedicated years to his role in management at JP Morgan Chase Bank. Unfortunately, he developed severe exertional and non-exertional conditions that severely affected his ability to work, especially given the …
In Paquin v. The Prudential Insurance Company of America, the claimant won reinstatement of his long-term disability (LTD) benefits after the United States District Court for the District of Colorado found that Prudential abused its discretion by terminating a claim it had already paid for nearly 11 years, based on a single contested neuropsychological test. …
The plaintiff filed a civil action in federal court, asserting four claims under ERISA, a state law breach of contract claim, and an ADA claim. Prudential moved to dismiss the breach of contract claim, as ERISA preempts such a claim. Prudential also moved to dismiss the ADA claim because Prudential is not a proper defendant under that statute.
The Court’s task is not to decide whether Plaintiff was disabled. Prudential denied benefits because Plaintiff was not covered by the Plan when his claim arose. Thus, the question is not whether Plaintiff had a valid disability claim but when his disability claim (whether valid or invalid) arose.
Prudential terminated Maher’s long-term disability benefits for fibromyalgia and a disputed Sjogren’s Syndrome diagnosis after three separate physician reviews concluded her medical records didn’t support the diagnosis or explain how it would prevent her from working. The court upheld the denial through two rounds of appeal, finding Prudential’s file reviews were sufficient and its reliance …
The plaintiff argues that his disability has a physiological cause – in particular, brain damage likely resulting from HIV – and that Prudential should not have applied the mental health limitation. In this case, the Court agreed.
The Court found that Prudential abused its discretion in relying upon a vocational assessment that was based only on Prudential’s hired external medical reviewer’s opinions rather than all of the medical evidence.
A federal court in Massachusetts found that The Prudential Insurance Company of America (“Prudential”) and MIT abused their discretion in denying James Ampe’s long-term disability (LTD) claim by giving conclusive weight to one skeptical file reviewer over a treating physician and three examining specialists, and by failing to analyze his limitations against his actual job duties, …