Contact Our Colorado Disability Lawyers
At Tucker Law Group, our disability attorneys help clients throughout the state of Colorado and across the country.
Our Colorado disability lawyers can help individuals with their long term insurance benefits or appealing a VA claim denial. As a comprehensive disability insurance practice, our firm can simplify your claim and appeal process. We can file and appeal claims for government benefits and private insurance at the same time.
How We Help
Disability Insurance Claims
Colorado Disability Insurance Claims
Our experienced disability insurance lawyers can guide you through the nuances of the state’s disability insurance claim process. Colorado has additional protections for individuals seeking disability under the Colorado Anti-Discrimination Act. Unlike federal law, these additional protections apply to all employees within the state of Colorado, regardless of the size of the business. This also allows almost all employees in Colorado to file discrimination lawsuits under state law as opposed to federal law.
There are several states that allow group and individual disability insurance plans to include discretionary clauses. These clauses grant the insurance company the ability to interpret your disability insurance policy as well as your eligibility for disability insurance benefits. In Colorado, discretionary clauses are outlawed as it is seen as a conflict of interest for an insurance company, as opposed to a judge or jury, to determine if you are disabled or not.
Group or ERISA Disability Insurance in Colorado
The Employee Retirement Income Security Act (ERISA) is a federal law that governs employer-provided group benefits such as those managed through large insurance companies. Humana, Aetna and UNUM are a few of the major insurance companies that our firm has handled cases against for our clients. Our Colorado disability insurance lawyers have extensive experience handling ERISA claims, appeals and lawsuits. If you need help with your disability benefits, our firm can help.
Individual Disability Insurance in Colorado
Individual disability insurance plans are purchased privately or by an individual. These plans are not governed by ERISA and are instead litigated on a state level.
The primary difference in individual plans as opposed to ERISA plans is how “disability” is defined. In group insurance plans, the insurance company defines “disabled” by the terms of your contract. This typically results in “disability” being defined more narrowly compared to individual plans. Under an individual plan, the definition of “disability” is tailored depending on the agreement.
Bad Faith Insurance in Colorado
When you buy disability insurance, you expect to receive the benefits you need when you need them most. Unfortunately, there are times when insurance companies do not act in good faith.
If the claim process is not handled in a timely manner or you did not receive fair pay for your disability insurance claim, you may have a bad faith insurance claim against the company.
In the state of Colorado, bad faith statute of limitations is generally considered to be two years from the date the insured learned or should have learned of their insurance company’s denial or delay of the claim. This comes after a recent 2018 Colorado Supreme Court decision that determined that bad faith statutes do not constitute a “penalty” on the insurance company and are not subject to the one-year statute of limitations for penalty claims. See 10-3-1116(1) C.R.S for reference. This means that the state’s general statute of limitation rule applies.
If you believe your insurance company has acted in bad faith, speak to our Colorado disability lawyers to learn more about your legal options. Our firm counsels clients in Colorado and throughout the country.
The Long Term Disability Insurance Claim Process
The long term disability insurance claim process is typically a lengthy and complicated process. Whether you are beginning the claim process or appealing a claim denial, it is important to receive counsel from an experienced disability lawyer. At Tucker Law Group, our Colorado disability lawyers are here to help.
Filing Your Initial Claim
If you are starting a claim and you have a group plan governed by ERISA, the first thing you will want to do is contact your employer for your Summary Plan. Reviewing your group policy before filing a claim, is an important step to this process.
Once you have reviewed your policy you will want to determine your date of disability. This is important when determining when you are required to file a proof of claim and when your payments would start. Next, you will want to determine your Last Day of Work (LDW).
After you have collected your information, we recommend that you speak with our Colorado disability lawyers to file a disability insurance claim. We can help you file your initial claim, appeal a denial and litigate for the benefits you need.
Appealing an ERISA Claim Denial
Insurance companies can deny a disability claim for a number of reasons. If this happens you do have the option to appeal your denial. If your ERISA claim is denied, you can file an Administrative Appeal. Under this appeal process, the insurance company reviews its own decision.
The insurance company may deny your appeal and if this happens you can file a lawsuit to seek the benefits you deserve. After you have filed a lawsuit your claim does not go before a jury. Unlike an individual claim, you cannot seek an external review of your appeal. It does not go to a jury and instead goes directly to a judge.
Filing an ERISA appeal can be a difficult process. Our qualified disability lawyers in Colorado can help make the process easier and help you file a lawsuit if necessary.
VA Disability in Colorado
At Tucker Law Group, our VA disability lawyers are experienced in helping client’s win their benefits after a VA claim denial. We can help in appealing your claim if it has been denied.
How to Win VA Disability Benefits in Colorado
To file a successful VA claim in Colorado, you must first be currently diagnosed with a disability. Also, you must be able to prove that your injury or illness occurred while you were on active duty, active duty for training or inactive duty training. Lastly, you must be able to link your disability to an in-service event, commonly referred to as a nexus. Once you have those three you can apply online, by mail or by phone.
Appealing a VA Disability Claim Denial
If your VA disability claim is denied, you have one year from the date of the denial letter to file an appeal. Our experienced VA disability lawyers at Tucker Law Group can help if you receive a claim denial. We work diligently to serve our veterans in getting their disability benefits, just as they have served us. Contact our Colorado disability lawyers to learn how we can help.
Cities in Colorado That We Serve
- Colorado Springs
- El Paso
- Fort Collins
Contact Our Colorado Disability Lawyers
Do you need help obtaining the benefits you deserve? At Tucker Law Group, we have more than 40 years of combined experience. Use our firm’s expertise to make the government and insurance companies pay. To schedule a free consultation with our firm, call (866) 233-5044 or contact our office online.