Do You Need Disability Insurance Benefits or VA Disability Compensation? Call Our Kentucky Disability Lawyers
Disabilities affect millions of people in the United States. Centers for Disease Control (CDC) shows that more than 34 percent of Kentucky residents suffer from some type of disability. To put that into perspective, the national average of people with disabilities is less than 26 percent.
If you are a disabled American or veteran who is unable to work, you have options for relief. Private insurance companies and government agencies can provide disability insurance benefits or VA disability compensation. Unfortunately, though, these benefits can be difficult to get.
At Tucker Disability Law, we provide representation in Kentucky and across the nation for ERISA claims and VA claim appeals. Our Kentucky disability lawyers help disabled Americans and veterans get the benefits they need and deserve. Use the table of contents below to find more information about the type of claim relevant to you. If you have any questions, feel free to reach out to us.
Contents
Disability Insurance Claims
ERISA Claims and Group Disability Insurance
ERISA, or the Employee Retirement Income Security Act, is a federal law. It governs specific benefit plans that may be offered by your private employer. Under ERISA, employers have certain responsibilities to protect their employees.
ERISA Disability Insurance Claims and Appeals
Before filing an ERISA claim for long term disability insurance benefits, speak with a lawyer. An ERISA attorney can help you from the very beginning of the claims process. You should take advantage of this. Long term disability insurance applications get denied for various reasons. Working with an attorney will give you a better chance of securing your benefits without exhausting the appeals process or resorting to litigation.
Have you already filed a claim and it was denied? Unfortunately, you have to exhaust the appeals process after a claim denial. You have 180 days to appeal. This means you only have 180 days to gather more evidence to strengthen your claim.
If you do not have an ERISA lawyer in Kentucky on your side after a claim denial, get one. The appeals process is your last chance to bolster your claim. This is your last chance to gather more medical evidence, witness testimony or fill any gaps from your initial claim.
If your case goes to trial, the court will make a decision based on the evidence you submitted in your claim and appeal. There will not be any new evidence, witness testimony or even a jury.
If you have questions about ERISA, check out our ERISA FAQ page for answers to common questions. You can also reach out to Tucker Disability Law for a free consultation to determine how we can help you.
Individual Disability Insurance
Individual disability insurance is different than group disability insurance. ERISA does not govern your individual or private disability insurance plan. Instead, Kentucky insurance law governs it. Your policy may also determine many aspects of the disability insurance claim process.
Individual Disability Insurance Claims and Appeals
Similar to ERISA claims, a Kentucky long term disability lawyer can help you throughout the entire claims process. Before filing a disability insurance claim, it is important to read your plan policy. Your policy may determine:
- How to file a claim
- Whether you must appeal a denied claim before litigation
- How to appeal a denied claim
- Statute of limitations, or time limit to appeal a denied claim
Like we mentioned above, if your benefits are denied, your policy determines whether you must appeal or if you can skip the appeals process. If you do have to appeal, it will determine your next steps for appealing a denied claim. If you have questions, a Kentucky disability lawyer can help you understand your options based on your policy.
Since Kentucky law governs individual insurance policies, if you litigate your benefits, the trial will likely be held in state court with a jury. You can submit more evidence and use witness testimony during trial.
VA Disability in Kentucky
The federal government has a system in place to help disabled veterans get disability compensation. Unfortunately, getting VA disability compensation can be difficult. It may take months or years and multiple appeals. Therefore, we recommend that you get started on the claims process right away.
Kentucky VA Resources
How to Recover VA Disability Compensation
Disabled veterans cannot hire a VA attorney to help during the initial claim. You must file this by yourself online or at your local VA regional office.
Generally, for a successful claim, you must prove the following:
- Diagnosis from a medical professional for an existing illness or injury that meets the criteria for a disability
- Illness or condition occurred or worsened due to military service
Submit as much evidence as possible for your claim. Examples of important evidence may include:
- VA medical records
- Hospital records
- Service treatment records
- Discharge paperwork
- Physician statements
- Statements from fellow service members
- Statements from family members
- Personal statement of your condition
Appealing a VA Claim Denial
If your VA disability compensation claim is denied, then you can and should get a VA lawyer involved. Our VA disability lawyers can help throughout the rest of the process, including:
- Filing your formal appeal
- Helping you develop additional medical evidence for your claim
- Helping you get witness statements that support your claim
- Submitting legal arguments or briefs to appropriate parties
- Handling all necessary VA paperwork
Our VA disability attorneys also handle many other types of VA claim appeals including appeals for:
- VA disability compensation
- Increased ratings
- Total Disability based on Individual Unemployability (TDIU)
- Benefits for widows and dependents
If you have any questions after a VA claim denial, speak with our lawyers. We can help you determine your legal options during a free consultation.
Cities We Serve in Kentucky
We serve clients throughout Kentucky. A few cities we serve include:
- Louisville
- Lexington
- Bowling Green
- Owensboro
- Covington
- Hopkinsville
- Richmond
Schedule a Free Consultation With Our Kentucky Disability Lawyers
Tucker Disability Law may be able to help you get disability insurance benefits or VA disability compensation. Our lawyers have extensive experience resolving claims on a nationally recognized level.
Use our expertise to make the insurance companies and government pay. Call us today at (866) 282-5260 to schedule a free consultation. You can also use our confidential online contact form.
