Are You in Need of Disability Benefits? Our Disability Lawyers in Tennessee Can Offer Guidance
According to the Centers for Disease Control and Prevention (CDC), 29.5% of adults in Tennessee have some type of disability. While the disabilities may vary, they are all serious and can cause physical problems. Therefore, it is important that disabled people in Tennessee get the benefits they deserve. Whether it comes from the government or insurance companies, our disability lawyers in Tennessee can offer you advice on how to secure your disability benefits.
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Disability Insurance Claims
Employer or Group Disability Insurance
Does your employer provide you with disability insurance? If so, then the Employee Retirement Income Security Act (ERISA) likely governs your policy.
Essentially, ERISA demands that employers follow certain rules if they offer certain employee benefits, including disability benefits. If you are disabled and must file a disability insurance claim through work, then an ERISA attorney in Tennessee can help you strategize during a free consultation. Our nationally recognized law firm handles ERISA cases nationwide. We can help you throughout the entirety of the claim process.
Individual Disability Insurance
Conversely, individual disability insurance is purchased through an individual or private company. If you have this type of coverage, then ERISA does not apply. Instead, Tennessee insurance laws and the details of your insurance policy will apply.
Learn More About the Disability Insurance Claim Process
Below, our disability lawyers in Tennessee provide you with a general overview of the disability insurance claim process. However, please note that the process may differ depending on whether you have group our individual disability insurance.
- Filing an initial claim. The first step in the process involves filing a claim for disability benefits. A disability attorney in Tennessee can help you gather information and offer you advice throughout the claim process.
- Insurance company investigation. After filing, the insurance company will launch an investigation. Upon doing so, they may ask you to submit to a Functional Capacity Evaluation (FCE). Once the investigation is complete, they will choose to either grant or deny your benefits.
- Appealing the decision. If your disability benefits were denied, then you have the option of filing an appeal. However, the process for appealing the decision will differ depending on whether you have group or individual disability insurance.
- Filing a lawsuit. If you still do not have benefits after an appeal, then you can choose to take your case to trial.
VA Disability in Tennessee
Are you a veteran living in Tennessee? Are you struggling after being diagnosed with a disability? We recommend that you begin the claim process as soon as possible. Unfortunately, it can take an inordinate amount of time to receive a response to your VA disability compensation claim. Also, you may have to make multiple appeals before finally receiving your rightful benefits.
VA Tennessee State Resources
How to Win VA Disability Benefits in Tennessee
To successfully file a claim, you must meet several standards. According to the VA, you must have:
- A disability rating of a service-connected condition
- Served in active duty or inactive duty training
- Became injured or ill while serving or made an existing injury worse.
If you meet these standards, then you have several options for filing a claim. Most people file online, but you can also file through the mail or in-person at a regional office.
Appealing a VA Disability Compensation Claim Denial
While appealing a VA disability compensation claim denial is difficult, you have several options that you can choose from. For example, if your VA disability compensation claim was denied before February 19, 2019, then you need to file a Notice of Disagreement (NOD) with the VA to begin the appeals process. However, if your claim was denied after this date, then you can choose from three different appeals options.
- Higher level review
- Supplemental claim
- Notice of disagreement
Our nationally recognized disability lawyers in Tennessee can help you choose which option is best suited for your particular appeal.
Cities We Serve In Tennessee
- Nashville
- Memphis
- Knoxville
- Chattanooga
- Clarksville
- Murfreesboro
- Franklin
- Jackson
- Johnson City
- Bartlett
- And more
Contact Our Disability Lawyers in Tennessee
Do you need help obtaining disability insurance benefits or VA benefits in Tennessee? At Tucker Disability Law, our disability lawyers in Tennessee can help. We offer free consultations and will happily discuss the details of your case. Call our office at (866) 282-5260 or fill out our online contact form today.
