Call Our Maine Disability Lawyers to Fight for Your Benefits
According to the Center for Disease Control and Prevention (CDC), in the state of Maine, 22.1% of adults live with a disability. If you live with a debilitating injury or illness that prevents you from working, it is vital that you seek disability insurance benefits for your future.
Do you need help getting long term disability benefits or appealing a VA claim denial? Contact our firm.
At Tucker Law Group, we are nationally recognized for our expertise and our ability to fight for our clients. Our Maine disability lawyers welcome discussing your case during a free consultation. We help our clients with the following:
How We Help
Disability Insurance Claims
Employer or Group Disability Insurance in Maine
When seeking disability benefits, it is important to first understand what kind of coverage you have. Is your disability insurance provided by your employer? If this is the case then your plan is likely subject to the Employee Retirement Income Security Act (ERISA). ERISA is a federal law that protects you and the interests of your employee benefit plan.
With millions of people receiving their disability coverage through their employer, ERISA has a wide-scale impact on working Americans.
Do You Need to File an ERISA Claim?
Whether you are filing a short term or long term disability claim, the process can be complex. There are also many deadlines claimants must follow to ensure their claims get approved. At Tucker Law Group, our Maine disability lawyers have extensive experience handling ERISA disability claims for our clients. Our firm can help you file your initial claim, appeal a claim denial and litigate on your behalf if necessary.
Individual Disability Insurance in Maine
If you purchased your own insurance coverage, you likely have an individual disability insurance policy. Individual disability insurance coverage is not subject to ERISA. Instead, it is governed by state laws and the policy itself.
Filing a short term or long term disability insurance claim under this type of disability insurance policy offers its own complexities. Understanding the details of your policy and the state law is critical to the success of your claim. We recommend speaking with our experienced Maine disability lawyers to help you navigate your options. Our attorneys can help you determine how to file an initial claim and how to process an appeal if your claim is denied.
It is not unusual for an insurer to deny your initial claim. However, in the event that your insurance company is not following the terms of your policy in denying your claim, you may have a bad faith case against your insurer. This is a unique situation, but we can help claimants understand their legal options in the state of Maine when this occurs.
In Maine, under the Unfair Claims Settlement Practices statute Title 24-A, §§ 2436, the insured individual has the right to bring a civil action against the company to recover damages. If you believe your insurer has committed bad faith, contact our attorneys to learn more about your options.
The Long Term Disability Insurance Claim Process
When you are unable to work due to an injury or illness, long term disability benefits is a critical source of income for you and your family. That is why our firm fights aggressively for our clients and wants to help guide you through the process.
Filing Your Initial Claim
To begin filing your initial claim, you will start by completing your claimant forms. It is crucial to understand that during this first step of the process, there are important differences between filing for group or individual disability insurance benefits.
If you have questions, our Maine disability lawyers can help ensure that you file your claim correctly. We can also help you gather strong evidence, like supporting documents, and account for other details to strengthen your long term disability claim. Seeking disability insurance benefits with an experienced attorney on your side can make a significant difference in the outcome of your claim.
Insurance Company Investigation
Next in the process, after you have filed our claim, the insurance company performs an investigation. In this investigation, the insurance company will usually review the following:
- Claim forms
- Medical records
- Physician’s forms
- Supporting evidence
Additionally, your insurer may request that you take a Functional Capacity Evaluation (FCE). If this happens, contact a disability attorney immediately to find out how to protect your benefits. Your insurer may be searching for a way to deny you the benefits you deserve.
The Appeals Process
The insurance company has denied your claim or has not approved the benefits you believe are fair. What can you do? As the policyholder, you have the right to appeal your claim.
When appealing your denial, pay close attention to the exact reasons listed on your denial letter. These details will affect how you proceed with your appeal. The type of policy you have, whether it be a group or individual disability insurance policy, will also affect how you handle your appeal.
We recommend you speak to an experienced Maine disability lawyer to help you at this stage. Our firm can help you meet appeal deadlines, file your claim appeal and handle litigation if your appeal is denied.
Filing a Lawsuit
The last stage of this process is litigation. If the insurance company denied your claim appeal, then you are eligible to file a lawsuit against your insurer. The disability attorneys at Tucker Law Group can litigate on your behalf and give you the best chance of winning your benefits.
VA Disability in Maine
If you are a veteran who is injured and unable to work in the state of Maine, you may be eligible for disability benefits through the U.S. Department of Veteran Affairs (VA). Keep in mind that seeking benefits under the VA system is a lengthy process. It could take anywhere from a few months to years to receive these benefits. An appeal alone can undergo a 12 to 18 months review period. That is why we recommend starting your claim right away.
If you are just starting your claim, see the following guide to learn how to file for VA disability benefits. In the event that you receive a claim denial after you have completed this process, contact our VA disability lawyers. At Tucker Law Group, our attorneys are here to help you appeal a VA disability claim denial.
- Togus Regional Office in Augusta
How to Win VA Disability Benefits in Maine
Before filing a VA disability claim, review the eligibility requirements to determine if you are eligible for benefits. According to the VA, an eligible claim applicant must have:
- A disability rating of a service-connected condition
- Served in active duty or inactive duty training
Additionally, an eligible applicant must have become ill or injured while serving, had an injury worsened by serving, or have a disability that surfaced after serving in the military. If you are eligible, your next step is to begin filing your claim.
Filing a VA Disability Claim
When filing your VA disability claim, you can choose to file online, through the mail or at a regional office. To make sure you give yourself the best chance of receiving approval of your claim, you need to gather as much supporting documentation and evidence as you can. Consider the following for your claim:
- Hospital records
- VA medical records
- Discharge papers
- A written statement about your condition
- Witness statements from fellow service members
Appealing a VA Disability Claim Denial
In the event of a claim denial, you can try to appeal part or the whole claim decision using what is called a Notice of Disagreement. Once you submit the Notice of Disagreement, the Decision Review Officer tied to your claim will review your appeal. From here, they will either approve your appeal or determine there is not sufficient evidence to accept your appeal.
If your appeal is not approved with the Decision Review Officer, you can take your appeal to the Board of Veterans’ Appeals.
Do you have questions regarding your VA disability claim appeal? Tucker Law Group is a nationally recognized law firm with the expertise and resources to fight for veterans throughout the state of Maine. Contact our firm to discuss your appeal and recovering VA service connected compensation you need after a claim denial. We offer free consultations.
Cities We Serve
- South Portland
Need Help With Your Case? Contact Our Maine Disability Lawyers
If you need help getting the disability benefits you need, contact our firm today. At Tucker Law Group, our attorneys can help you understand your legal options and fight for the benefits you deserve.
Use the expertise of our disability attorneys to make the insurance companies and government pay. Contact our Maine disability lawyers at (866) 233-5044 to schedule a free consultation to discuss your case.