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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 Social Security Administration (SSA) has added 12 new conditions to its list of Compassionate Allowances conditions. What Conditions Have Been Added to the List? Kilolo Kijakazi, Acting Commissioner of Social Security, has announced the addition of 12 new Compassionate Allowances conditions: 1p36 Deletion Syndrome, Anaplastic Ependymoma, Calciphylaxis, Cholangiocarcinoma, FOXG1 Syndrome, Leber Congenital Amaurosis, Metastatic …
Chemical and environmental sensitivities (CES) can lead to a wide array of disabling symptoms. In severe cases, these sensitivities can profoundly impact a person’s ability to work and complete regular life activities. When symptoms impact a person’s ability to perform their occupation, pursuing disability benefits is essential, especially if a claimant’s symptoms are specifically related …
Disability insurance can be a crucial lifeline for individuals who cannot work due to severe health conditions. One of the common health issues that lead to long-term disability claims is musculoskeletal disorders (MSDs). The impairments caused by these conditions are real and can significantly impact the ability to work. However, individuals filing claims for these …
Today, I want to talk to you about what to do after you receive your final long-term disability denial letter from the insurance company. When I say final, what that means is when you file for long-term disability benefits, if you’re denied, you usually have a right to at least one, if not two, appeals. …
In Gregory Cannon v. Aetna, a pharmacist challenged Aetna’s denial of short-term disability benefits, arguing the insurer ignored his symptoms, failed to follow internal procedures, and overlooked his Social Security approval. The court sided with Aetna, finding no abuse of discretion and concluding Cannon failed to provide sufficient objective evidence of disability.
In Dardick v. Unum Life Insurance Company of America and First Unum Life Insurance Company, Unum succeeded in denying the claimant long-term disability insurance benefits. Dardick filed a lawsuit after Unum Life Insurance Company of America denied his claim for benefits under a group disability benefits plan provided by his previous employer, Westcon Group, Inc. The U.S. District …
Plaintiff appealed the initial denial of benefits under the Plan, stating that her request for disability was not based solely on her thyroid surgery but rather on symptoms associated with lupus and chronic pain. On September 12, 2011, ALIC again upheld the denial of benefits to the Plaintiff. As allowed under ERISA, the Plaintiff sued to challenge that decision. Both parties moved for judgment on the administrative record.
In this case, the Court found that the Plaintiff's complaints of pain were credible there was no reason to question the Plaintiff's credibility. As such, the Defendants' motion for decision was denied and Plaintiff's motions was granted.
Today we review Abrams v. Unum Life Insurance Company of America that was decided by the United States District Court for the Western District of Washington. William Abrams was a trial and appellate lawyer for the Schwabe Law Firm. His disabilities were described as debilitating symptoms from an illness. Although the exact medical condition was …
Long-term disability (LTD) insurance provides financial support to individuals who become disabled and cannot work for an extended period. When claimants file disability claims with a long-term disability insurer, they may also apply for Social Security Disability Insurance (SSDI) benefits. In fact, most disability insurance policies require claimants to apply for SSDI. This ensures that …
Living abroad can be an exciting adventure, but it can also be a bit nerve-wracking if you’re relying on long-term disability insurance benefits to provide you with income. Fortunately, if you have an individual or group long-term disability insurance policy, you may still be able to collect benefits while living outside of the United States. …
Social Security disability hearing offices are officially known as Offices of Hearings Operations (OHO). Previously, they were known as Offices of Disability Adjudication and Review (ODAR). Statistically, this is where most Social Security disability claims will be approved. A Request for Hearing is the third step in the process and the second level of appeal …
Long-term disability insurance is designed to provide financial assistance to those who have become disabled and are unable to work for a long period of time. However, not all claims are approved, and many people are denied coverage. In this article, we will discuss the types of long-term disability claims that are most likely to …
One of the most commonly requested documents by disability insurance carriers is an Attending Physician Statement (APS). Attending Physician Statement forms are provided by your insurance company to be completed by your doctor(s). The medical information your doctor provides on the Attending Physician Statement could make or break your claim. If you submit an incomplete …
Long-term disability (LTD) insurance is a crucial safety net for many employees. These benefits provide financial security for a disabling illness or injury. While many employers offer LTD coverage as part of their benefits package, the claims process can often be complicated and frustrating, and many claims are denied. Why? Unlike Social Security disability adjudicators, …
The Social Security Administration (SSA) is revising criteria in the Listing of Impairments used to evaluate claims. These changes will affect Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims for adults and children involving digestive disorders and skin disorders. Why Is the SSA Revising the Listing? This is part of the SSA’s …
When it comes to long-term disability insurance, it’s important to understand the difference between total and residual disability. These two concepts can significantly impact your insurance benefits and coverage. In this article, we’ll take a closer look at what each term means and how they affect your insurance policy. What Is Total Disability? Total disability …
Insurance companies often use “boilerplate” language when denying a long-term disability claim. Boilerplate language refers to a long-term disability denial letter that uses standard, pre-written language or a generic explanation rather than a detailed explanation specific to the individual’s claim. Boilerplate denials are often generic and do not provide specific information to explain why the …
This is a continuation from Long-Term Disability Policy Provisions – Part I. Long-Term Disability Insurance – The “Maximum Benefit Period” Almost all long-term disability policies stop paying benefits when you turn 65 years old, or when you reach the federal retirement age. This is often referred to as the “maximum benefit period.” Your policy should …
Your long-term disability (LTD) insurance policy probably reads like most insurance policies, meaning that it is long, confusing and full of industry-specific terms of art that you will most likely have a hard time understanding unless you are a lawyer or insurance professional. In this article, I will explain some of the most important provisions …
A question we often hear is “Can I file for disability if I have a pending Jones Act Maritime Injury Case?” The short answer is – yes, you can apply for disability benefits while your Jones Act case is ongoing. Offshore workers can apply for disability benefits while a Jones Act claim is pending. Applying …
Social Security Disability Insurance (SSDI) back pay or retroactive benefits are lump sum payments that cover the benefits you were entitled to but did not receive while waiting for your application to be approved. It can be a significant amount of money and is a welcome relief for many struggling to make ends meet while …
If you’re looking into long-term disability or individual disability insurance, you may have come across the term “elimination period.” This is an important concept to understand as it can affect when you will receive benefits if you become disabled. In this article, we will explain what the elimination period in a long-term disability claim is …
You should not assume that the insurance carrier will continue to pay benefits indefinitely once your long-term disability claim is approved. Your disability insurance policy may state that benefits are payable until you reach retirement age. However, it does not guarantee that you will automatically continue to be eligible to receive benefits until then. Disability …
