Long-Term Disability Denials and Appeals

Filing a long-term disability (LTD) insurance lawsuit anonymously is generally not an option. In most cases, the legal system requires transparency, which means your name must be included in the lawsuit. This is because court proceedings are a matter of public record, and the parties involved in litigation—plaintiffs, defendants, and the legal …

When it comes to long-term disability (LTD) claims under the Employee Retirement Income Security Act (ERISA), many claimants wonder if they can recover attorney fees if they win their case. The short answer is yes, it’s possible to recover attorney’s fees in an ERISA LTD claim, but it’s not guaranteed. The Legal Basis For Attorney …

You’ve just received a long-term disability denial from your insurance company. It feels overwhelming. The legal jargon, endless paperwork, and pushback from the insurance company can make anyone feel lost. That’s where having an experienced disability insurance lawyer comes in. Navigating through disability insurance law isn’t …

Adverse benefit determinations are critical aspects of ERISA long-term disability claims. They refer to a decision made by an insurance company or plan administrator that denies or limits a claimant’s benefits. Understanding adverse benefit determinations is essential for claimants navigating the complex world of long-term disability claims. …

Navigating the complexities of a long-term disability denial can be overwhelming. After facing a denial, understanding how to request your claim file and policy is crucial. Reviewing your claim file is essential to gain insight into the reasons behind the denial and to explore potential avenues for appeal. This guide will walk you through the …

Today, we will discuss the steps you should take if you previously received long-term disability benefits but the insurance company has terminated your claim. Here are the 3 steps to take following the termination of your long-term disability claim. Step 1: Request Your Claim File The first thing you need to do is request your …

How will a federal judge make a decision about an ERISA lawsuit? There are two standards of review in ERISA cases: (1) the de novo review standard and (2) the arbitrary and capricious standard (also called the “abuse of discretion” standard). The judge will determine which standard applies to your claim based on the language …

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. …

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 …

When applying for long-term disability (LTD) insurance benefits, you must know that disability insurance companies deny many claims. Even if your disability insurance claim is initially approved, you need to know that your insurance company can terminate or cut off your benefits. If the insurance company decides you are no longer disabled, they can …

My name is Nick Ortiz, and I am a national long-term disability attorney who has been appealing long-term disability claim denials since 2005. I wrote this LTD appeal guide to help non-attorneys successfully appeal a wrongful denial or termination of benefits. My mission is to provide you with the same forms and tactics I use …

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 …

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. …

Creating a “Day In The Life Of” video to submit with your long-term disability appeal can be crucial to the success of your claim. Documenting your challenges and limitations on video can effectively convey the reality of your situation to the disability insurance claims adjuster. What is a Day in the Life of Video? A video …

If your long-term disability claim has hit a roadblock with a denial, you’re not alone in your struggle. Many individuals find themselves in a similar situation, unsure of what to do next. However, by being proactive and informed, you can work towards overturning the denial and obtaining the financial support you need during this challenging …

A technical denial of a disability claim occurs when you are denied based on a non-medical reason. If your claim has been denied for a technical reason, there is still time to seek an attorney specializing in long-term disability law. We have successfully represented claimants in disability cases across the United States.

If you have applied for long-term disability benefits, you may experience a denial. When you receive notice from the insurance company that your claim has been denied, the clock starts ticking down for you to file an appeal. If you miss a deadline, you could forfeit your right to appeal the decision and not be …

If you’re denied long-term disability insurance benefits by the insurance company, you may be eligible to appeal your long-term disability case to federal court. Litigation involves taking legal action or filing a lawsuit to protect your legal rights. Unlike an individual disability policy that is governed by state …

Many of our clients think that a long-term disability appeal package is simply a compilation of medical records sent to the insurance company with a cover letter identifying the package as an appeal. While that may be the case for claimants who file their own appeals, the appeal packages prepared by the Ortiz Law Firm …

If your long-term disability (LTD) claim is denied, it’s natural to feel frustrated and overwhelmed. However, a denial isn’t the end of the road. You can appeal a long-term disability denial, and many claimants successfully reverse denials through the appeals process. Appealing a denial of a long-term disability claim for benefits under …

If your claim for long-term disability benefits has been denied or terminated, the next step is to submit an administrative appeal. These advanced strategies for long-term disability appeals can be expensive and are not used in every case, but they can be highly effective in select cases. First of all, you might order your own …

Some long-term disability claims go to the US Circuit Courts of Appeals. The United States Courts of Appeals (or circuit courts) are the intermediate appellate courts of the United States federal court system. That means they are the level between federal district courts and the United States Supreme Court. A court of appeals decides appeals …