Our Georgia Disability Lawyers Can Help With Your Case
The CDC estimates that more than 27 percent of adults in Georgia have some type of disability. While some of these residents have lived with a disability all of their lives, many others became disabled after an accident or illness. Our Georgia disability lawyers know from years of experience that disabling injuries or illnesses can occur without warning.
It is imperative that individuals with disabilities have access to resources that help cover lost income. Many residents in our state, and across the country, purchase long-term disability insurance to obtain lost income due to a disability. Disabled veterans may have options to recover benefits from the Department of Veterans Affairs (VA).
Unfortunately, it can be notoriously difficult for individuals with disabilities to obtain benefits. If you are struggling to obtain benefits, then Tucker Law Group may be able to help.
How We Help
ERISA and Disability Claims
Do you have disability insurance through a private company or union? If that is the case, the Employee Retirement Income Security Act of 1974 (ERISA) most likely governs your policy.
ERISA is a federal law responsible for regulating certain benefits offered by private employers. If you have a group disability policy through a private employer, then you have certain protections and rights. Employers have obligations under ERISA that include:
- Providing you with information about your policy;
- Giving you instructions on how and when to file for benefits under your policy;
- Notifying you of changes to your policy;
- Giving you information on which health conditions your policy covers;
- Providing you with information on how to file an appeal for benefits.
Individual Disability Insurance in Georgia
If your disability insurance is not provided by your employer and you purchased it directly from a private insurance company, you likely have individual disability insurance. When you have an individual disability insurance plan, your plan is not governed by ERISA. Instead, the state insurance law and your insurance policy determine how your claim is handled.
When filing, appealing or litigating a disability insurance claim, we recommend seeking legal assistance from a law firm in your state. Experienced Georgia disability lawyers can help you navigate the claims process according to the state laws. At Tucker Law Group, our attorneys are nationally recognized for our ability to fight insurers on behalf of our clients. We can help you understand the best legal options for your situation.
The Disability Insurance Claim Process
Your policy should outline how to file a claim for benefits. However, you must demonstrate that you currently suffer from a disability by providing evidence. Medical, financial and other types of records could factor into your case. Depending on your policy and other factors, you will need to file the appropriate paperwork and meet any required deadlines.
The process for filing a claim can be confusing for many policyholders, and could end in a denial. If you receive a denial, then you may be able to file an appeal with the insurance company. Reasons for a denial may include:
- Lack of evidence
- Missing deadlines or filing errors
- Pre-existing conditions
- Missing information in the initial claim for benefits
- Evidence that contradicts your claim
Much like your initial application, your policy and other factors relevant to your case determine what you need to do to file an appeal. There could be several steps and deadlines involved, and it can be easy to make a mistake that prevents you from recovering benefits.
The Appeals Process
If you are filing an appeal for a group disability plan through a private employer, then you would need to exhaust the appeals process before taking additional steps. After you exhaust these options, you may be able to file a lawsuit in federal court to recover your benefits.
You should consider working with an attorney if you receive a denial. An attorney can review your policy, file your initial claim, help with the appeals process, and may even file a lawsuit against the insurer on your behalf.
Individual Disability Insurance Policy Appeals
The rules for filing an appeal may be different for individual disability policies. With individual policies, Georgia law determines your possible options if an appeal for benefits fails.
If you need help appealing your claim, schedule a free consultation with our firm today. Tucker Law Group helps clients nationwide recover the benefits they deserve.
Disability Benefits for Veterans in Georgia
If you are a veteran suffering from a disability that keeps you from working, then you may be able to access benefits through the VA. However, you would need to meet the following requirements:
- You need to receive a diagnosis from a physician that states your existing injury or illness resulted in a disability;
- You must demonstrate a connection between the injury or illness and your service.
Additional factors could be important during your case. If you have any doubts about your eligibility, then a VA disability lawyer in Georgia may be able to help.
Georgia State Resources for Veterans
There are state resources you can take advantage of if you are a veteran trying to access disability benefits.
Cities We Serve
- Sandy Springs
- South Fulton
Contact Our Georgia Disability Lawyers for Help
You should not try to fight an appeal for benefits on your own. Due to the possible requirements during a claim process, it can be very easy to make a mistake. Working with an experienced attorney can help improve your chances of obtaining disability benefits. Tucker Law Group may be able to help with your situation. We take ERISA cases nationwide and can offer consultation on other types of cases, including here in Georgia.