Our Alaska Disability Attorneys May Be Able to Help You
Our Alaska disability attorneys know from experience that it is difficult to live with a disability. For many people with an active disability, the prospect of holding a job and securing income can be difficult or impossible. If you have a disability, then you may be able to recover benefits that can help with certain expenses. Some people receive long term disability insurance through an employer to obtain these benefits. Veterans may recover benefits through the Department of Veterans Affairs, and their family members may also qualify for benefits. However, we know that it is not always easy to recover these benefits when you need them the most.
If you need assistance recovering disability benefits that can help cover expenses, then we encourage you to contact Tucker Law Group. Our disability attorneys in Alaska can help with certain types of claims and appeals.
How We Help
Disability Insurance Claims
ERISA and Long Term Disability Insurance
The Employee Retirement Income Security Act (ERISA) is a federal law that covers certain types of benefits offered by private employers. This may include long term disability insurance policies. If you have a long term disability insurance policy through a private employer, then chances are ERISA governs your policy. Your options for filing an appeal or taking additional legal action fall under this law. ERISA kicks in once you begin the appeals process for a denied claim.
Individual Disability Insurance Claims in Alaska
You may also purchase an individual long term disability insurance policy in Alaska. If you have this type of policy, then Alaska state law determines your options for seeking compensation from the insurance provider. Providers may face lawsuits when they illegally deny claims. However, your case would need to meet certain criteria.
Our Alaska disability attorneys do not offer representation in cases for individual policies, but we can offer counsel that may help you determine your next steps.
Filing a Disability Claim in Alaska
You should review your insurance policy before beginning the claims process, as it likely outlines the steps you need to take. Your employer may also have important information about filing an appeal for any policy they offer.
To recover benefits through an ERISA or individual policy, you must be able to demonstrate that you suffer from an active disability. This means you need to include evidence of a disability with your claim. Evidence that could factor into your claim may include:
- Medical records
- Financial records
- Physical exam records
- Physician statements
This is not an exhaustive list of evidence that may factor into a disability insurance claim. Each case is going to be different. After you file your claim, the insurance provider opens an investigation to determine whether you qualify for benefits. Unfortunately, the process may take several weeks. It could take some time before they determine whether you qualify for benefits under your policy.
If you receive a denial, then your options for filing an appeal depend on the type of policy you possess. For claims involving ERISA policies, you must exhaust the appeals process before you can take additional legal action. You may be able to file a lawsuit against the insurance provider after you exhaust these options. However, your lawsuit goes before an administrative judge and not a jury trial. Additionally, you may only recover your benefits.
The rules are different for appeals involving individual policies. Since your policy would fall under Alaska state law, you may be able to file a lawsuit if the insurance provider violated the law. Your lawsuit would potentially go before a jury trial, and the jury would determine the outcome of your case in that scenario. You may also recover additional types of damages from the provider, not just your lost benefits.
Our Alaska disability lawyers can help you determine which options are available for your case.
Disability Claims for Veterans in Alaska
You may be able to recover benefits if you are a veteran with an active disability or a family member of a veteran. However, you must meet strict requirements before you can obtain benefits. You cannot hire a VA disability attorney to help you file your claim. We strongly suggest working with state agencies that can help you file a claim.
State VA Resources in Alaska
You should consider using the following state and federal agencies if you plan to start the claims process:
Filing a VA Claim in Alaska
The VA only offers benefits to certain people. You must be a veteran who left the armed forces in good standing. Most important of all, you must show the VA you suffer from an active disability that is directly tied to your service. This means you need to include evidence with your claim. Evidence may include:
- Medical records
- Physical exams
- Physician statements
- Service paperwork.
Additional types of evidence could factor into your claim, so you should work with a professional if you have any doubts. Family members of veterans may also qualify for benefits under the right circumstances.
Appeals can be tricky for VA claims due to recent changes. Your options for filing an appeal vary depending on the circumstances specific to your case. We strongly encourage you to contact our Alaska disability lawyers if you want to file an appeal for a VA claim.
Cities We Serve
Contact Our Alaska Disability Attorneys for Assistance
Our disability attorneys in Alaska can help with certain types of disability claims. If you have a policy covered by ERISA, then we can help during any part of the claims process. We can also help with appeals through the Department of Veterans affairs. Additionally, we can also offer counsel for claims involving individual disability insurance policies.