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 ..read more

I’ve had the privilege of helping many claimants appeal unjust long-term disability claim denials. One such case that stands out involves a 54-year-old gentleman who had dedicated years to his role as a Tech Op Risk Management Lead at JP Morgan Chase Bank. Unfortunately, he developed bilateral carpal and cubital tunnel syndrome, conditions that severely affected his ability to work, especially given the sedentary and intricate nature of his job. Despite this, the Prudential Life Insurance Company (Prudential) initially denied his long term disability insurance claim. When he first came to us ..read more

On This Page Key Qualities to Look for in a Disability Insurance Attorney Expertise in Disability Insurance Law Communication and Responsiveness Client Reviews and Testimonials Fee Structures and Costs Steps to Take When Choosing an Attorney Research and Shortlist Potential Attorneys Consultations and Questions to Ask Why Hiring a Specialized Attorney Matters Navigating Complex Legal Processes Dealing with Insurance Companies Maximize the Chances of a Successful Outcome Contact the Ortiz Law Firm to Speak with a National Long-Term Disability Insurance Attorney You’ve just received ..read more

Table of Contents The Role of the Insurance Adjuster Conflict of Interest Key Entities Involved in Determining Disability Medical Professionals Independent Medical Examiners Vocational Experts Criteria for Disability Determination The Definition of Disability Medical Evidence and Documentation Vocational Assessments Appealing a Denied Claim Understanding Denial Reasons Gathering Additional Evidence Legal Assistance in Appeals Ortiz Law Firm Can Help You Appeal a Long-Term Disability Denial Specialized Expertise in Disability Claims Free Initial Consultation You might assume t ..read more

The Social Security Administration (SSA) has updated its list of occupations used in disability evaluations to ensure relevance to the current job market. When deciding if someone isn’t eligible for benefits, the agency must show proof that the person can do work that exists in significant numbers across the country. They rely on the Dictionary of Occupational Titles (DOT) and the Selected Characteristics of Occupations Defined in the Revised DOT as reliable sources of job information. However, the SSA has recently identified 114 occupations that are now rare or non-existent in all U.S. Census ..read more

Table of Contents How to Get Medical Records for Disability Claims HIPAA Medical Record Requests HITECH Medical Record Requests Using Online Patient Portals Won’t the SSA or the Insurance Company Request My Records? The Burden of Proof in Long-Term Disability Claims Can Social Security Get My Medical Records? Get Professional Help for Your Disability Claim Medical evidence is the most important part of a long-term disability insurance claim or a Social Security Disability claim. The medical records provide evidentiary proof of the claimant’s disability. However, obtaining these r ..read more

“Quarter of coverage” (QC) is a legal term, but you may also see the term “Social Security credit” (or just “credit”) used elsewhere. A QC is a basic unit for determining whether a worker is insured under the Social Security program. Latest Amount The amount of earnings required for a quarter of coverage in 2024 is $1,730. No matter how high your earnings may be, you can not earn more than 4 QC’s in one year. History See historical series of earnings needed to earn one quarter of coverage, 1978-2024. For years before 1978, an individual generally was credited with a qu ..read more

Table of Contents SSA Will Only Continue “Critical Functions” The Processing of Claims SSA CONTINGENCY PLAN – Fiscal Year 2024 Status of Service Activities During a Funding Lapse Operations Frontline Activities Discontinued Activities State Disability Determination Services (DDS) Discontinued Activities Hearings and Appeals Activities Discontinued Activities Whenever there is talk of a government shutdown, our office phones explode. We get dozens – perhaps hundreds – of calls from claimants wanting to know how the shutdown will affect the processing of their Social Security disa ..read more

Table of Contents Understanding Congressional Inquiries in Social Security Disability Claims Steps to Initiate a Congressional Inquiry for Your Disability Claim Benefits of Congressional Inquiries in Social Security Disability Cases A Social Security Disability Attorney Can Also Help with Your Claim Ever wonder if you can speed up your Social Security disability claim? You’re not alone. Navigating the labyrinth of Social Security Disability Insurance (SSDI) can be time-consuming, with some claimants waiting 12 months or more to receive a decision. However, a congressional inquiry might be t ..read more

Table of Contents Understanding Adverse Benefit Determinations Types of Adverse Benefit Determinations Legal Consequences of Adverse Benefit Determinations ERISA Requirements Appealing an Adverse Benefit Determination Seeking Legal Help with Adverse Benefit Determinations The Role of an Attorney Benefits of Legal Assistance Ortiz Law Firm Provides Aggressive Representation to Long-Term Disability Claimants 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 ..read more