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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.
Note: This form is also known as an Attending Physician Statement (APS) or a Medical Source Statement (MSS). We will use these terms interchangeably throughout the rest of this article. What Is A Residual Functional Capacity Assessment? A residual functional capacity assessment evaluates your impairment(s) and any related symptoms, such as pain, that may cause …
In this case, Tommy W. Senegal (“Senegal”) had a long-term disability policy that was administered by Reliance Standard Life Insurance Company (“Reliance Standard”) as a benefit of his employment by Cequel III, LLC (“Cequel”). Senegal worked for Cequel as a field service engineer; his duties were specifically related to supervising cable installation. This installation process …
Marybeth M. Donlick (“Donlick”) was employed as a truck driver for Chesapeake Energy Corporation (“Chesapeake”). Through her employment, Donlick received coverage for a long-term disability benefits plan, which was administered by Standard Insurance Company (“Standard”). On August 7, 2012, Donlick was in a motorcycle crash which caused her to have an amputation below her right …
In this case, David Diaz (“Diaz”) was the district manager at JM Family Enterprises, Inc. (“JM Family Enterprises”) between September 2010 and October 2015. JM Family Enterprises’ had an employee benefit plan which covered long-term disability benefits. This plan was insured by Liberty Life Assurance Company of Boston (“Liberty”). Under the plan, the term “disabled” …
Carianne Deroo (“Deroo”) worked as an employee for Beaumont Hospital as a Clinical Nurse II. This role involved full-time work as a registered nurse which required patient care. Through her employment with Beaumont Hospital, Deroo was covered by a long-term disability benefits policy which was administered by Unum Life Insurance Company of America (“Unum”). The …
Brenda Counts (“Counts”) previously worked as an employee of Denver Wholesale Florist-Flint as a flower sales specialist. Her job title was formally known as “Inside Sales Associate” which required “making sales calls, pulling product[,] and packing.” Through her job, she held a disability insurance policy with United of Omaha Life Insurance Company (“United”). Under this …
Lisa Conner (“Conner”) was a perioperative nurse at St. Vincent’s Medical Center. Through her employment, she held a policy under the Ascension Health (“Ascension”) Long-Term Disability plan. Sedgwick administered this plan. The language of the plan explained that: On May 20, 2013, Conner was in a car accident that left her with injuries to her neck, left arm and left …
Keyton Benson (“Benson”) was employed by Tower Hill Insurance Group. Through his employer, Benson was eligible for long-term disability benefits through a policy issued by Hartford Life & Accident Insurance Company (“Hartford”). The policy language states that it will provide a policyholder with monthly payments if he has: In addition, the policy defined “disability” or …
In a perfect world, anyone who suffers from a physical or emotional disability would have the resources to seek treatment and provide for themselves without supplemental income. But since we live in the real world, many people struggle to make ends meet during a period of disability. Long-term disability insurance is supposed to provide supplemental …
The Definition of Disability One of the most important things to know is how disability is defined in your policy. Whether you have an employer-provided group policy or an individual policy, there are significant differences in the definitions of disability. Understanding these differences is crucial for filing successful long-term disability claims. In this article, we …
What Is an Independent Medical Examination? An independent medical examination (IME) is an exam performed by a medical professional not currently associated with your case. However, we don’t like using the term “independent” when referring to a medical examination ordered by a disability insurance company. The word independent is in quotes because we do not …
Many people on long-term disability worry about whether they will continue to receive benefits beyond the two-year mark, and for a good reason: Long-term disability denials are common after two years because most disability insurance policies change the definition of disability or will no longer pay benefits for certain conditions after benefits have been payable …
When most people file a long-term disability appeal, it is a really basic, one or two-paragraph appeal letter that says, “Look, long-term disability insurance company. I really think you got this one wrong. I think there is more than enough evidence to support my long-term disability claim. I want you to go back, take another …
If your disability insurance company has denied or terminated your long-term disability claim, you should review your insurance policy to familiarize yourself with your appeal rights and requirements. Specifically, you should determine how many appeals you have the right to or are required to file before you can file a lawsuit against your insurer. Most …
When you apply for Social Security Disability Insurance benefits (DIB, also called SSDI or RSDI), Social Security does not tell you that you can (or should) hire a Social Security disability attorney to assist you in your claim. You Have The Right To Representation From The Beginning Many claimants know they can hire an attorney …
A “closed period” of benefits may be appropriate in Social Security disability claims where the claimant’s impairment has lasted for a continuous period of at least 12 months but improves to the point where the claimant is no longer disabled at the time the claim is ultimately decided (in other words, at the time of …
Previously, the “Treating Physician Rule” provided that substantial weight should be given to the impairment opinions given by a treating doctor in a Social Security Disability Insurance claim. However, starting March 27, 2017, the Social Security Administration (SSA) will no longer prioritize the opinions of your personal doctors. Instead, these opinions will be considered equally …
Applying for Social Security Disability benefits can feel overwhelming. The process is complicated, and many people are unsure why their claim was denied or delayed. To make decisions, the Social Security Administration (SSA) uses a five-step evaluation process. This process is outlined in the federal regulations at 20 C.F.R. § 404.1520. Understanding these steps can …
The Appeals Council is the final level of administrative appeal following an unfavorable decision from an Administrative Law Judge (ALJ) in Social Security disability claims. Sometimes, evidence may not reach the ALJ before your hearing. Fortunately, you can still submit new evidence to the Appeals Council, provided the following conditions are met: Over time, the …
Currently Scheduled Speaking Engagements Nick Ortiz is not currently scheduled for any future speaking engagements. If you would like to contact Mr. Ortiz about giving a presentation to your group or organization, please contact the Ortiz Law Firm at (888) 321-8131. Previous Speaking Engagements “Handling A Social Security Disability Case”, March 28, 2011, for the …
NAMI Pensacola Speaking Engagement I just want to give a big thanks to NAMI Pensacola, our local chapter of the National Alliance on Mental Illness, for allowing me to speak to your group last night. I spoke about the basics of Social Security disability benefits and how mental illnesses may qualify for Social Security Disability Insurance …
I have seen other attorneys post that a criminal background will not keep a claimant from receiving Social Security disability benefits as long as the claimant does not have an outstanding felony warrant. This is mostly correct. However, there is one additional “felony impairment” rule: a claimant cannot receive Title II Disability Insurance benefits if …
During the 1950s and1960s, the Social Security Administration published comic books relating to Social Security disability benefits and other Social Security issues in an effort to reach the younger individuals. Apparently, Social Security representatives recognized that comic books were an effective method of communicating with the youth of those days. Here is an excerpt relating …
The rules and requirements to qualify for Social Security disability cases are relatively straightforward. In short, to be eligible for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) disability benefits, a claimant must satisfy both the medical and non-medical (financial) requirements for benefits. You should apply for benefits as soon as you …
