Do You Need Help Recovering Disability Benefits? Contact Our Minnesota Disability Lawyers
When an injury or debilitating illness keeps you from working, you expect to be able to receive the disability benefits you need, when you need them. Unfortunately, it is not always easy to get the benefits you deserve from your insurer or the government.
If you need help recovering long term disability insurance benefits or appealing a VA disability compensation claim denial, contact the Minnesota disability lawyers at Tucker Disability Law. Our firm is nationally recognized for our ability to fight insurance companies and the government. Learn more about how our law firm can help you.
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Disability Insurance Claims
Employer Disability Insurance
If you purchased your disability insurance through your employer or with a union, you likely have employer disability insurance. Employer disability insurance policies vary significantly, but generally, the Employee Retirement Income Security Act (ERISA) governs all of these policies.
What is ERISA? ERISA is a federal law that provides employees with a number of protections. If ERISA covers your benefits, these protections should make it easier for you to get information regarding your disability benefits and how to file or appeal your claim.
Do you need help with your ERISA claim? Contact our attorneys for help. Our attorneys can help at all stages of the process, including:
- Filing your initial claim
- Appealing after a denial
- Litigating
Individual Disability Insurance
Did you purchase your disability insurance through an individual or private company? If so, you likely have individual disability insurance. When a person purchases individual disability insurance, it is likely because the insured person is self-employed, an individual’s employer does not provide these benefits or supplemental coverage.
If you have an individual disability insurance plan, your plan is not governed by ERISA. Your insurance policy and Minnesota state insurance laws will determine how you handle your claim.
When handling your disability insurance claim, seek legal assistance from an experienced attorney in your state. Minnesota disability lawyers can help you navigate filing, appealing or litigating your claim according to the state laws. This applies to both short and long term disability insurance claims.
The Disability Insurance Claim Process
The disability insurance claim process can be a complicated one to navigate on your own. To ensure that you have the best chance at a successful claim, contact our firm to help guide you through this process. Below, we provide an outline to help get you started.
Filing Your Initial Claim
To start the disability claims process, you will generally begin by filing your initial claim. It is at this crucial early stage where you should understand that the process for filing a claim varies depending on whether it is a group or individual disability insurance policy.
Do you have questions about filing your initial claim? Contact the Minnesota disability lawyers at Tucker Disability Law. We can place you on the right track and help you with the following:
- Ensure the proper completion of your application
- Gather strong evidence
- Submit your claim with sufficient documentation
- Account for all other details within your initial claim
Once you file your initial claim, it will take some time for your insurer to complete their investigation. At this time, the insurance company may ask you additional questions or request that you take a Functional Capacity Evaluation (FCE).
What is an FCE? An FCE is a physical exam that helps measure what an individual is capable of doing. If the insurance requests that you take an FCE, we recommend contacting your lawyer to help prepare you for this evaluation. Your insurer may use an FCE to undervalue or deny your claim.
When the investigation is complete, your insurer will either grant or deny your claim. If your claim is denied you have the option to appeal.
The Appeals Process
When appealing your claim, it is important to know that the method in which you will need to file your appeal will depend on the type of policy you have. Filing an appeal differs depending on whether you have a group or individual disability insurance policy. Your insurance policy may also impact how you file.
While it is not required, we recommend enlisting the help of a Minnesota disability attorney to file your long term disability appeal. It is especially important if you are dealing with an ERISA claim, as you only have the initial claim and the appeal to support your case. You will not be able to introduce new evidence if your case goes to trial.
Our attorneys can guide you through the process of preparing and filing your appeal. This will include helping you:
- Meet deadlines
- Gather and provide witness evidence
- Provide documentation of your limitations and restrictions
- Obtain testing and provide proper reports from experts
Filing a Lawsuit
If your insurer denies your appeal, you may have the option to file a lawsuit. If you need an aggressive litigator to help you recover the benefits you deserve, contact the Tucker Disability Law. Our firm can help you fight for your benefits and litigate on your behalf. We have a reputation for being aggressive litigators against insurers on behalf of our clients.
VA Disability in Minnesota
When veterans in the state of Minnesota need disability benefits, they can apply for benefits at the Department of Veterans Affairs (VA). Unfortunately, the VA benefits claim process can take months or years. It is for this reason that we recommend starting the application process as soon as possible.
Provided below is a guide to help you start this process. If after you have filed your initial claim you receive a denial, contact our disability lawyers for help appealing the decision.
State Resources
- St. Paul Regional Office in Minnesota
- Additional VA facilities in Minnesota
How to Win VA Disability Benefits in Minnesota
To start the process of filing your initial VA claim, you should review the eligibility criteria. If you meet all of the criteria, then your next step is to begin filing your claim.
Building out your claim will require gathering evidence and supporting documentation. This can include:
- Proof of service
- Service treatment records
- Medical records
- VA medical records
- A written statement about your condition
- Witness statements from fellow service members
You can file your disability claim at a regional office or online. It is important to note that it is not possible for a disability lawyer to help you file your VA claim. However, if the VA denies your claim, an attorney can help you file an appeal.
Appealing a VA Disability Compensation Claim Denial
After you file your claim the VA will either grant or deny your claim. If you receive a denial for your VA disability claim, then our lawyers can help with the following:
- Filing your Notice of Disagreement (NOD)
- Gathering evidence for your claim
- Filing the appeal
- Monitoring your case
- Representing you during all proceedings
At Tucker Disability Law, our nationally recognized firm considers it a privilege to help Minnesota veterans recover VA service-connected compensation. We welcome discussing your appeal during a free consultation.
Cities We Serve
- Minneapolis
- Paul
- Rochester
- Duluth
- Bloomington
- Brooklyn Park
- Plymouth
- Maple Grove
- Woodbury
- Cloud
Contact Our Minnesota Disability Lawyers for a Free Consultation
If you need help recovering disability insurance benefits or VA benefits, contact Tucker Disability Law. Our firm has more than 40 years of combined experience and is nationally recognized for our ability to fight for our clients. Use our expertise to win the benefits you deserve. Schedule a free consultation with our Minnesota disability lawyers by calling (866) 282-5260 or by submitting an online form.
