Speak With a Louisiana Disability Attorney About Your Situation
Disabilities affect millions of people in the United States. Centers for Disease Control (CDC) show more than 32 percent of residents in Louisiana have a disability. The national average is people with disabilities is less than 26 percent. Private insurance companies and government agencies can provide benefits to disabled individuals and veterans who are unable to work.
Disability insurance benefits and VA disability compensation are generally difficult benefits to obtain. At Tucker Law Group, we offer nationwide representation for ERISA claims and VA claim appeals. Speak with a Louisiana disability attorney from our firm today to get started.
How We Help
Disability Insurance Claims
Group Disability Insurance and ERISA Claims
The Employee Retirement Income Security Act (ERISA) is a federal law that governs certain benefit plans offered by private employers. If you have disability insurance through your employer, it is likely covered by ERISA. Employers have certain responsibilities under ERISA that protect policyholders.
ERISA Disability Insurance Claims and Appeals
You must file a claim to recover disability insurance benefits. We recommend that you discuss your specific situation with an ERISA lawyer first. Working with an attorney from the beginning of the claims process may help you recover benefits quicker and without using litigation.
If your claim is denied under ERISA, you must exhaust the appeals process before you can file a lawsuit to claim your benefits. You only have 180 days to appeal their decision to deny your benefits. This means you only have 180 days to gather additional evidence, strengthen your claim and file your formal appeal.
After you exhaust your options under the appeals process, you may be able to file a lawsuit in federal court. The court will use the evidence from your initial claim and your appeal to make a decision about your disability insurance benefits. You cannot submit any additional evidence or use witness testimony. In addition, you would only be able to obtain the benefits denied by the insurer if your case succeeded.
Individual Disability Insurance
If you have an individual or private disability insurance plan, then ERISA does not apply. Instead, Louisiana insurance laws and the language of your policy applies.
Individual Disability Insurance Claims and Appeals
Your insurance policy may determine how you file a disability insurance claim, appeal a denied claim and litigate for your benefits if needed. A long term disability attorney in Louisiana can help you throughout this entire process.
Much like a group disability insurance policy, if your benefits are denied, your individual policy determines the steps for appealing a denied claim. In some cases, you may be able to skip the appeals process altogether. One of our lawyers can determine whether this is an option for your situation.
Your policy may limit how long you have to file your appeal, so read your policy carefully. If you have questions, we can help you understand your options based on your policy.
Individual policies operate under Louisiana state law. This means you may have more options during or after your appeal. If you file a lawsuit against the insurance company, you can submit additional evidence and use witness testimony.
VA Disability in Louisiana
If you are a disabled veteran, there is a system in place to help you get the VA disability compensation you deserve. Our Louisiana disability lawyers recommend that you begin the claims process as soon as possible. Unfortunately, obtaining VA disability compensation takes time and may require one or more appeals.
Louisiana VA Resources
If you are a disabled veteran living in Louisiana, the following state resources could help you:
How to Recover VA Disability Compensation
You cannot hire a VA disability attorney to help you file your claim. However, generally, you must prove the following for a successful claim:
- You have a diagnosis from a medical professional for an existing illness or injury that meets the criteria for a disability;
- Your illness or condition occurred or worsened due to your military service.
You should include as much evidence as possible for your claim. You could include evidence such as:
- Medical documentation, including VA medical records, hospital records and service treatment records
- Discharge paperwork
- Statements from physicians, fellow service members or family members
- A personal written statement of your condition
You can begin the claims process by visiting your local regional office, through the mail or online.
Appealing a VA Claim Denial
How you file your appeal depends on the date of your claim denial. If your claim was decided on or before February 19, 2019, then you must first send a Notice of Disagreement (NOD) to the VA within one year of the decision. If the VA decided your claim after February 19, 2019, you have three routes to file your appeal. Our VA disability lawyers can help you determine which route is best for you.
Cities Our Louisiana Disability Lawyers Serve
We serve clients throughout the entire state of Louisiana, including the following cities:
- New Orleans
- Baton Rouge
- Lake Charles
- Bossier City
Speak With a Louisiana Disability Attorney From Our Firm
Tucker Law Group may be able to help you if you need to obtain disability insurance benefits or fight a VA claim decision. Our lawyers represent clients in Louisiana and have extensive experience resolving claims.