Our Massachusetts Disability Lawyers Can Help You Recover the Disability Benefits You Need
According to the Centers for Disease Control (CDC), nearly 23 percent of adults in Massachusetts have some type of disability. These disabilities can range from difficulty concentrating to difficulty walking. If you have a disability, you should be able to expect that you can get the disability insurance benefits or veterans benefits you need. Discuss your situation with one of our Massachusetts disability lawyers during a free consultation.
At Tucker Disability Law, we help our clients obtain the disability insurance benefits and veterans benefits they need and deserve.
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Disability Insurance Claims
Employer or Group Disability Insurance
If you have disability insurance through your employer, it is likely covered by ERISA, the federal Employee Retirement Income Security Act. ERISA provides employees with certain protections. ERISA provides guidelines that employers must follow if they offer certain employee benefits.
Our Massachusetts disability lawyers handle ERISA claims, appeals and lawsuits across the United States. We represent our clients from the very beginning of the disability insurance claims process. Call Tucker Disability Law today to discuss your potential claim and see how we can help you.
Individual Disability Insurance
If you have an individual or private disability insurance plan, then ERISA does not apply. Massachusetts insurance laws apply. In addition, the details of your insurance policy may discuss how you file, appeal or litigate a disability insurance claim.
Understanding the Disability Insurance Claim Process
Whether you are beginning the claims process or appealing a denied claim, speak with a Massachusetts disability lawyer from our firm. We may be able to help.
Below, we outline the disability insurance claim process. If you have any questions about your potential claim, talk to a lawyer. How you file, appeal and litigate your insurance disability claim depends on the type of policy you have.
File Your Initial Disability Insurance Claim
We recommend that you discuss your specific situation with a Massachusetts disability lawyer before you file. An attorney can help you gather evidence for your claim and make sure you have everything you need before filing.
Your insurance company will investigate your claim after you file it. They may ask you to answer additional questions or even ask you to participate in a Functional Capacity Evaluation (FCE). A Functional Capacity Evaluation evaluates your limitations and restrictions. The insurance company may use it undervalue or deny your claim.
After investigating your claim, the insurance company will either grant or deny your disability insurance benefits.
Appeal and Litigate Your Denied Disability Insurance Claim
If your disability insurance benefits were denied, then you can appeal it. How you appeal and litigate your claim depends on whether you have individual disability insurance or an employer or group plan.
If you have an ERISA plan, then you generally have 180 days to appeal it. Under ERISA, you must use all of your appeals before you can file a lawsuit.
We recommend that you have an experienced ERISA attorney represent you during this time. You cannot introduce new or additional evidence if your case must go to trial. In court, there will not be a jury. The court will base the decision on the evidence from your initial claim and your appeal.
Under an individual plan, you may be able to skip the appeals process. The language of your disability insurance policy will determine whether you must file an appeal first.
In the event that your individual disability insurance case goes to court, there will be a jury. You can also introduce new evidence to your case and use witness testimony.
VA Disability in Massachusetts
If you are a veteran that needs disability benefits, there is a system in place to help you get these benefits. However, we recommend that you begin the process as soon as possible. Obtaining veterans benefits can be a long process, often requiring many appeals.
State Resources
How to Win VA Disability Benefits in Massachusetts
You must first file a service-connected disability claim with the VA in order to obtain veterans benefits. You can file a VA claim in the following ways:
- Online through the VA’s eBenefits website
- Through the mail
- At one of the VA regional offices
For your claim, you must:
- Show proof that you served
- Have a diagnosis of disability from a medical professional
- Have a disability rating from the VA for a service-connected disability
- Show medical proof that your service brought about or worsened your disability
It is important to note that an attorney cannot help you file your VA claim. However, if your claim is denied, our Massachusetts disability lawyers can help you through the appeals process.
You can begin the appeals process by filing a Notice of Disagreement (NOD). A NOD notifies the VA that you intend to file an appeal to the Board of Veterans Appeals (BVA).
Tucker Disability Law can help you with the following for your VA claim appeal:
- Review your claim file
- File your NOD
- Gather additional evidence for your claim
- File your appeal
- Monitor your case
- Represent you all proceedings
Cities We Serve in Massachusetts
Our disability lawyers in Massachusetts represent clients throughout the entire state. Cities we serve include:
- Boston
- Springfield
- Holyoke
- New Bedford
- Cambridge
- Worcester
- Plymouth
- Lowell
- Framingham
Contact Our Massachusetts Disability Lawyers Today
Do you need help obtaining disability insurance benefits or VA benefits in Massachusetts? Contact Tucker Disability Law to discuss your situation. We can help you understand your best legal options and determine whether we can help you obtain the benefits you need and deserve. Call us at (866) 282-5260 to get started today. You can also fill out our confidential online form and we will be in touch with you soon
