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.
// by Nick Ortiz
On December 16, 2016, the Department of Labor announced the release of a Final Rule to strengthen consumer protections for private-sector workers making long-term disability insurance benefit claims for benefits from their workplace disability insurance plans. This action ensures that disability claimants will receive a full and fair review of their claims, as required by …
New Department Of Labor Rule Strengthens Protections For Long-Term Disability ClaimantsRead More
// by Nick Ortiz
In this case, Shenita Sapp (“Sapp”) sought to recover long term disability benefits that were denied by the administrator of her plan. Sapp argued that the claims administrator, Sedgwick Claims Management Services (“Sedgwick”) was acting in an arbitrary and capricious manner when it made its decision. However, the Administrator of the Plan, AT&T Services, Inc. (“AT&T”) argued that Sapp …
Sapp v. AT&T – Court Rules Sedgwick’s “Improper” Decision Was Reasonably SupportedRead More
// by Nick Ortiz
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.
Seese v. Prudential – Court Rules ADA Lawsuit Against Prudential Must Be DismissedRead More
// by Nick Ortiz
In this case, Teresa A. Seeman (“Seeman”) was an employee of Bank of America and served as a Vice President, Unit Manager from May of 1990 to December of 2007. Through her employment, she was part of a long term disability plan that was administered by Metropolitan Life Insurance Company (“MetLife”). The plan defined “disability” as follows: By June …
Seeman v. MetLife – Vice President Wins Long-Term Disability ClaimRead More
// by Nick Ortiz
Because Liberty failed to consider the evidence of Plaintiff’s job description in its determination of Plaintiff’s occupation, ultimately leading to their denial of Plaintiff’s claim, Liberty abused its discretion under the policy and incorrectly denied Plaintiff’s claim. In assessing the appropriate remedy for the case, the Court saw no need to remand the case back to the administrator.
Sapp v. Liberty Life – Liberty Failed To Consider Plaintiff’s Job DescriptionRead More
// by Nick Ortiz
The Magistrate Judge found that the defendant’s decision to deny benefits does not withstand the arbitrary and capricious standard of review and recommended that the case be remanded for further consideration. Defendant raises four objections to the R&R. The two most interesting objections were those where the defendant objected to (1) the application of the arbitrary and capricious standard of review and (2) the determination that the plaintiff’s failure to apply for Social Security benefits is irrelevant.
// by Nick Ortiz
With the spread of the COVID-19 (coronavirus), many people are worried about what effect this will have on their disability insurance benefits. In this article, we will attempt to address some of the common questions we have received regarding COVID-19 and long-term disability insurance coverage and claims. How Will COVID-19 Affect My Disability Payments? With …
What To Expect: COVID-19 And Long-Term Disability InsuranceRead More
// by Nick Ortiz
Before you apply for long-term disability benefits, it’s important to understand the laws governing most disability insurance plans. New regulations were released and began on January 1, 2018. These new regulations add new due process rights for claimants whom insurance companies have mistreated in the past. This is good news for claimants. However, insurance companies have been …
Important Changes For Long-Term Disability Claims In 2018Read More
// by Nick Ortiz
Case Name: Randall v. Metropolitan Life Insurance Company Court: United States District Court for the Northern District of California Date of Decision: February 6, 2017 Type of Claims: Short-term disability, long-term disability, and related health, dental, vision, and life insurance benefits. Insurance Company: Metropolitan Life Insurance Company, aka MetLife. Claimant’s Employer: Verizon Wireless Claimant’s Occupation / Job Position: Facilities Network Engineer Disabilities: Randall …
Randall v. MetLife – Doctor’s Conclusion Outweighs Subjective ComplaintsRead More
// by Nick Ortiz
In Kavanay v. Liberty Life Assurance Company of Boston, the plaintiff sought long-term disability benefits from Liberty Life, the insurer of his ERISA governed disability plan. The court held that Liberty abused its discretion, granted plaintiff summary judgment, and awarded disability benefits. The plaintiff worked as an insurance adjuster for Allstate; he was an “outside claims …
Ortiz Law Firm is a national disability law firm specializing in long-term disability appeals, disability insurance lawsuits, and Social Security Disability claims. Contact us for a free case review.
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