Contact Our Michigan Disability Lawyers
According to a United States Census Bureau, more than 10 percent of people under the age of 65 live with a disability in the state of Michigan. If you are currently suffering from a disability and need help getting long term disability insurance benefits or appealing a VA claim denial, contact our firm.
At Tucker Law Group, our nationally recognized firm can help you win the benefits you need. Our Michigan disability lawyers are happy to discuss your case during a free consultation.
How We Help
Disability Insurance Claims
Employer or Group Disability Insurance in Michigan
If your disability insurance is provided by your employer or you have opted into group disability insurance, your plan is subject to the Employee Retirement Income Security Act (ERISA). ERISA is a federal law that protects participants and the interests of employee benefit plans.
Many individuals across the United States receive their insurance plans from employers. This means that ERISA has a major impact on long term disability claims and short term disability claims.
Do You Need to File an ERISA Claim?
There are several complex procedures and deadlines claimants must follow to ensure their claims get approved. Our Michigan disability lawyers have extensive experience handling ERISA disability claims for our clients. We can help you file your initial claim, appeal a denied claim and litigate for your benefits if needed.
Individual or Private Disability Insurance in Michigan
Individual disability insurance is private, meaning it is not provided by an employer. An individual purchases their own coverage when they have individual disability insurance. These plans are not subject to ERISA. State laws and the policy govern it.
The insurance company may deny your benefits after you file your claim. If this happens, you need an experienced attorney to help you navigate your options. Our attorneys can help you determine how to appeal your short term or long term disability claim.
In the event that the insurance company is not acting in acting in good faith because they have not upheld the terms of your policy, you may have a bad faith case against your insurer.
Michigan treats bad faith claims as a breach of contract rather than a civil lawsuit. This means that the bad faith claim you file will depend on whether the bad faith was first-party or third-party.
If you believe your insurance provider has committed bad faith, we recommend that you speak with our attorneys to learn more about your options.
The Disability Insurance Claim Process
When you are disabled and unable to work, disability insurance benefits can be a vital source of income. However, the disability insurance claim process can be complicated to navigate without help. Our firm is here to help guide you through the process.
Filing Your Initial Claim
To begin filing a claim, you will start by completing the claimant forms. Even in this first step of the process, it is important to understand that there are key differences between filing for group or individual disability insurance benefits.
Our Michigan disability lawyers can help you understand the distinctions between the two claim processes. Working with an attorney can significantly improve your chances of receiving an approval on your short or long term disability claim. We can also help you gather strong evidence and account for everything within your initial claim.
Insurance Company Investigation
After you file, the insurance company investigates your long term disability claim. In their investigation, the insurance company will typically look at the following:
- Claim forms
- Medical records
- Physician’s forms
- Supporting evidence
In some cases, the insurance company will ask you to take a Functional Capacity Evaluation (FCE). Many insurance companies are looking for ways to deny you the benefits you deserve. We recommend hiring a disability lawyer in Michigan to help you fight for your benefits.
The Appeals Process
If your insurance company denies your claim or has not approved the benefits you believe are fair, you can choose to appeal your claim. Similar to filing the initial claim, there are important differences between the group and individual disability insurance process to understand. Your policy may also impact the way you handle the appeal of your claim.
We recommend speaking to our law firm about filing a long term disability appeal. It is crucial that our experienced attorneys help you at this stage. We can help you prepare your appeal, meet your appeal deadlines and help you file a lawsuit if your appeal is denied.
Filing a Lawsuit
At this point of the disability insurance claim process, you have received a notice of your appeal denial and are eligible to file a lawsuit against your insurance company for your disability benefits. The disability lawyers at Tucker Law Group can litigate on your behalf to get you the benefits you deserve.
VA Disability in Michigan
In Michigan, the state provides disability benefits for veterans who are injured and unable to work. However, it could take anywhere from a few months to years to receive your VA disability benefits. This includes the time it takes to file and process your initial claim and potentially the many appeals that will follow.
The Michigan disability lawyers with Tucker Law Group want to guide you through this process. See the following guide to learn how to win VA disability benefits. If you receive a claim denial after you have completed this process, contact our disability lawyers. We can help you their decision.
- Detroit Regional Office in Detroit
How to Win VA Disability Benefits in Michigan
Before you file your VA disability claim, you will want to determine whether or not you are eligible for benefits. According to the VA, in order to be eligible for VA disability benefits you must have:
- Served in active duty or inactive duty training
- A disability rating of a service-connected condition
In addition to the criteria above, you must have become injured or ill while serving, had an injury worsened by serving or have a disability that surfaced after serving. If you meet all of the eligibility criteria, your next step is to begin filing your claim.
Filing a VA Disability Claim
Filing your disability claim can either be done online or at Michigan’s Detroit Regional Office. In order to ensure you are filing a strong claim, you will need to gather as much evidence and supporting documentation as you can. This can include:
- A written statement about your condition
- Hospital records
- VA medical records
- Discharge papers
- Witness statements from fellow service members
Appealing a VA Disability Claim Denial
If you receive a denial for your VA disability claim, you can use what is called a Notice of Disagreement to appeal part or all of the decision. Once you submit the Notice of Disagreement, the Decision Review Officer will either approve your application or they will determine there is not a sufficient amount of evidence to accept your appeal. If your appeal is not successful with the Decision Review Officer, you can choose to take your appeal to the Board of Veterans’ Appeals.
Cities We Serve
- Grand Rapids
- Ann Arbor
- Traverse City
Contact Our Michigan Disability Lawyers
Do you need help getting the disability benefits you deserve? The Michigan disability lawyers
with Tucker Law Group can help you understand your legal options and give you the best chance at winning the benefits you need.