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According to the Centers for Disease Control and Prevention, 25% of adults in Washington have a disability. During this time of financial uncertainty, many Washingtonians will turn to long-term disability insurance and Social Security disability benefits to support themselves and their families. However, if your claim is denied, you may a Tacoma disability lawyer to help you recover your rightful benefits.
Having represented disability claimants since 2005, attorney Nick Ortiz has seen firsthand that even deserving claimants often receive denial letters instead of the benefits they are entitled to. If your disability claim has been denied or terminated, the experienced legal team at the Ortiz Law Firm can help. Our national disability law firm helps claimants in the Gig Harbor-Tacoma area and throughout Washington state.
Ortiz Law Firm Handles Long-Term Disability Claims in Tacoma
Our firm focuses primarily on wrongfully denied disability insurance claims. We assist claimants with long-term disability appeals, and when necessary, we will file a lawsuit against the insurance company. The legal team at the Ortiz Law Firm will use its years of experience to prepare a comprehensive appeal that will give you the best chance of receiving the benefits you deserve. Even though the insurance companies have millions of dollars in resources at their disposal, our firm does not fear a single one of them. If you’re ready to fight against the insurance company, contact our office to schedule a free case evaluation.
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Long-Term Disability, ERISA, and Disability Insurance Denials in Tacoma, WA
Disability law is complex, especially if the Employee Retirement Income Security Act (ERISA) governs your case. If you have received a long-term disability denial, one of the first things you should do is determine whether your insurance policy is an individual disability policy or part of a group plan. But how do you know if ERISA governs your claim?
If you are self-employed or purchased a policy through an insurance agent or broker, you likely have an individual disability policy. ERISA does not govern most individual disability policies, and it may not be necessary for you to file an appeal. If your claim for benefits was wrongfully denied, you may have the right to proceed with the litigation process. Individuals with an individual disability insurance policy are often entitled to a more traditional litigation process, including a trial with a jury and the right to call witnesses to testify in support of their case.
However, the process differs greatly for those denied benefits under a group or employer-sponsored plan. ERISA typically governs these disability plans. Under ERISA, you are required to file at least one appeal. Some insurance policies may even require that you file two appeals. If you filed the required appeals within the required time frame and still received a denial letter, you can file an ERISA lawsuit.
The litigation process for a claim governed by ERISA is also very different from that of a claim filed under an individual disability policy. You do not have a right to a trial with a jury or the right to call witnesses. The judge reviewing your case will be limited to the documents in the administrative record and will refuse to consider any evidence not previously submitted as part of your initial application or administrative appeal.
Many claimants are shocked to learn that the judge will ignore any new evidence not submitted during the administrative appeal process. ERISA laws are extremely complex, and for that reason, we recommend that you consult with an attorney who has experience handling such claims.
Tacoma, WA Courts, Government, and Department of Insurance Information
- Western District of Washington | United States District Court
- The United States Court of Appeals for the Ninth Circuit
- Government website for Washington
- Washington State Office of the Insurance Commissioner
Western District of Washington Case Summaries
Tacoma Social Security Disability Lawyers
Our office also represents Social Security Disability insurance (SSDI) claimants in Tacoma, Washington. The Social Security Administration will soon be conducting hearings using the Microsoft Teams platform, making it easier than ever for Social Security Disability attorneys to represent claimants across the country.
What Can Our Tacoma Social Security Disability Lawyer Do To Help?
Nick Ortiz is a Social Security Disability lawyer ready to fight for the benefits you deserve. Although our office is based in Pensacola, Florida, our Social Security Disability lawyers represent Tacoma Social Security Disability claimants. We represent Tacoma Social Security Disability claimants at the following stages:
If you have a concurrent case for Supplemental Security Income (SSI), we can also help with that. However, our Social Security Disability lawyers do not handle SSI-only claims.
Tacoma, WA SSA Locations and Resources for SSDI and SSI Claims
- Directions to the Tacoma Social Security Office
- Social Security’s website
- Information about the Office of Hearing Operations serving Tacoma, WA
Schedule a Free Consultation with a Tacoma Disability Lawyer
If your long-term disability case has been denied, or if you are fighting to receive the Social Security disability benefits that you deserve, then contact us to find out more about how we help disability claimants in Tacoma, WA, and in the surrounding areas of Gig Harbor and Seattle. We offer a free consultation if your long-term disability claim has been wrongfully closed or terminated and Social Security disability claims at the initial, reconsideration, or hearing stage.
Our attorneys offer a No Recovery, Zero Fee Guarantee – meaning the attorneys only get paid if you receive your disability benefits! You will not pay any attorney fees unless we win your case, so there is no risk if you decide to hire a disability insurance or Social Security disability attorney to assist you with your case. You only have a limited time to appeal a denial, so call the Ortiz Law Firm today at (888) 321-8131 or contact us online to schedule your free consultation.