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If you have paid into the Social Security Disability Insurance (SSDI) system and/or regularly paid your monthly premiums for long-term disability insurance coverage, you probably expect to receive the benefits you paid for if you become disabled. Unfortunately, most disability claimants receive a denial letter instead of the benefits they were counting on to provide for themselves and their families.
The Ortiz Law Firm understands what it takes to get a disability claim approved and will fight to get you the benefits you deserve. Nick Ortiz has recovered millions of dollars in denied disability benefits for clients nationwide. He specializes in long-term disability, individual disability insurance, and Social Security Disability Insurance claims. We may not have an office in Virginia Beach, but we have the experience necessary to help you build your best case.
Who Qualifies for Disability Benefits?
Eligibility requirements vary depending on the type of disability benefit you are applying for.
Disability Insurance, ERISA, and Long-Term Disability Benefits
To be eligible for long-term disability insurance benefits, you must have an existing insurance policy. Most policies are purchased through a group benefits plan with an employer, but you can also purchase an individual policy through an insurance broker.
The eligibility requirements for your specific policy will be outlined in the disability insurance policy, but it can be difficult to understand the terms of the policy. A disability attorney can review your policy and help you determine the eligibility criteria you must meet to receive benefits.
Social Security Disability Benefits
To qualify for Social Security Disability Insurance benefits, you must meet certain medical and non-medical requirements. A claimant must have a medically determinable impairment (medical condition) that is severe and either meets all of the requirements of a Social Security listing of impairment or prevents the claimant from working.
Another important requirement is that your inability to work must have lasted or be expected to last for at least one year. It can be difficult to prove that you are unable to work as a result of your medical condition, but a Social Security disability attorney can help you gather medical evidence to support your claim.
You must also be “insured” under the Social Security Disability Insurance (SSDI) benefits program. This means that you must have paid taxes into the Social Security system for a required number of years. The reported earnings must also be relatively recent, because work credits expire and your insured status can be lost if you stopped working too long ago.
Some applicants file their SSDI applications while they are still working, but if a claimant earns a certain amount of money per month from employment, then they are considered to be gainfully employed, and therefore ineligible for benefits. A Social Security disability attorney can help you determine if your work activity disqualifies you from receiving benefits.
The Ortiz Law Firm Handles Disability Insurance Claims in Virginia Beach
If you are unable to work and have been denied disability benefits, we can help. Our disability attorney will take on any of the major insurance companies that cover Virginia residents. When you choose a disability lawyer at the Ortiz Law Firm you’re choosing an expert in disability law who knows the tricks and tactics the insurance company will use to delay or deny your claim.
How We Can Help
We focus primarily on wrongfully denied or terminated disability insurance claims. More often than not, the story we hear is the same: the policyholder is stunned to learn that after months or years of paying the insurance company, their claim has been denied. Unfortunately, we know from experience that even the most deserving claimants are likely to be denied for one reason or another. At the end of the day, the insurance company is still a business, and it is in their best interest to deny claims.
The current status of your claim determines what we can do to help:
- If your claim for benefits has been wrongly denied or terminated, we will represent you through the administrative appeals process.
- If you have exhausted all available appeals, we will file a lawsuit against the insurance company.
If it becomes necessary to file a lawsuit, most long-term disability cases (not all, but most) are governed by a federal regulation called ERISA. Under ERISA disability law, you do not have the right to a jury trial, and in most cases, you do not have the right to engage in extensive discovery. In the end, this means that most of the case is paper-driven, involving a lot of brief writing and a lot of correspondence by mail. Very few court appearances are required.
We evaluate each claim on a case-by-case basis. Nick Ortiz can either be admitted to your local federal court through what we would call a pro hac vice admission, or he can file a lawsuit here in the state of Florida. If we cannot assist you, we will attempt to refer you to another law firm that can.
Virginia Beach Courts, Government, and Department of Insurance Information
- Eastern District of Virginia | United States District Court
- United States Court of Appeals for the Fourth Circuit
- Government Website for the State of Virginia
- Virginia Insurance Commissioner
Eastern District of Virginia Case Summaries
- Liberty Failed to Consider Plaintiff’s Job Description
- Court Rules Unum Did Not Abuse Discretion in Denying Claim
Social Security Disability Lawyers for Claims in Virginia Beach
Because Social Security is a federal program, you have always had the ability to hire an attorney anywhere in the country. However, the travel requirements made this impractical for many representatives, and most Social Security disability attorneys chose to focus on claims in their local area.
The Social Security Administration now conducts hearings using the Microsoft Teams platform and over the phone, making it easier than ever to represent claimants across the country. As a result, our firm now handles claims throughout the state of Virginia.
Nick Ortiz is an experienced Social Security disability lawyer. He and his experienced legal team are ready to fight for the benefits you deserve. Although our office is located in Pensacola, Florida, we do represent Social Security Disability Insurance claimants in Virginia Beach at the following stages:
Virginia Beach SSA Locations and Resources
- Directions to the Virginia Beach Social Security Administration office
- Social Security Administration Website
- Information about the Norfolk Office of Hearing Operations, which handles Social Security disability benefits claims for people in Virginia Beach, VA, and the surrounding areas.
Our No Recovery, Zero Fee Guarantee
We offer a “No Recovery, Zero Fee” guarantee – meaning we only get paid when you get paid! You don’t pay any fees unless we win your case, so there is no risk when you decide to hire a disability lawyer to represent you.
Schedule a Free Consultation with a Virginia Beach Disability Lawyer
Schedule a free consultation to learn more about how we help long-term disability insurance and Social Security Disability Insurance claimants in Virginia Beach and the surrounding area. We offer a free consultation for long-term disability insurance claims that have been wrongfully denied or terminated, and for Social Security claimants who are at the initial, reconsideration, or hearing stage of the process. You only have a limited amount of time to appeal a denial, so call us today at (888) 321-8131 or fill out the form on our contact page to schedule your free consultation.