Our Nevada Disability Attorneys Can Help You Secure Disability Benefits
Disabilities affect millions of Americans, often hurting their ability to bring in regular income. This is an unfortunate reality for an estimated 25 percent of the population in Nevada. According to statistics published by the Centers for Disease Control and Prevention (CDC), an estimated 26.8 percent of adults in our state have a disability. There are options to recover disability benefits for some individuals. For instance, this may be an option if you have a disability insurance policy through a private employer or if you are a disabled veteran. However, our Nevada disability attorneys know it can be difficult to obtain these benefits.
Tucker Disability Law is a disability law firm that helps with ERISA claims and appeals for VA benefits. We also offer counsel for claims and appeals involving individual disability policies.
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Disability Insurance Claims
ERISA Claims and Disability Insurance Appeals in Nevada
Some people never hear of the Employee Retirement Income Security Act unless they are trying to appeal claims for certain types of private benefits policies. Also called ERISA, this federal law governs many types of benefits packages offered by private employers. This includes long term disability policies.
If you file a claim for a long term disability policy, and the claim is denied by the insurance company, then ERISA kicks in once you file an appeal. Your options for taking further action fall under ERISA once the appeals process begins.
Individual Disability Insurance Policies in Nevada
Some people purchase individual long-term disability insurance policies to help manage lost income from an illness or injury. You may be able to secure benefits through this policy under the right circumstances.
However, there is a key difference between individual policies and policies offered by private employers. If you have this type of policy, then Nevada state law determines your options for filing an appeal or seeking further legal action.
Filing a Disability Insurance Claim in Nevada
Your insurance policy likely determines what you need to do to file a claim. Many policies allow you to file a claim online through the provider’s website. However, you should check beforehand to make sure you are not missing any steps.
You need to demonstrate that you have an active disability before you can recover benefits. Medical records or even a physical examination could factor into evidence you include with your claim. Additional types of evidence could be necessary to file a successful claim, so be sure to check your policy carefully.
After filing your claim, your provider begins an investigation to determine whether you qualify for benefits. Unfortunately, this process can sometimes take weeks and it may be some time before you receive an approval or denial. Your policy may have information on which steps you need to take to file an appeal, regardless of whether the policy is covered by ERISA or Nevada state law.
If you receive a denial for a policy covered under ERISA, then you must exhaust your options under the appeals process before you can take further action. You may be able to file a lawsuit against the insurance provider. However, your case goes before an administrative judge and not a jury trial. The judge overseeing your case determines whether you can obtain benefits. Keep in mind, that with ERISA claims, you can only recover your benefits if your case succeeds.
If you file an appeal for an individual policy, and still receive a denial, then you may be able to file a lawsuit. Insurance providers can face lawsuits for illegally denying claims. You may be able to recover your benefits and additional damages if your lawsuit is successful.
Disability Benefits for Veterans in Nevada
You may also receive disability assistance if you are a disabled veteran who left the armed forces in good standing. Much like a claim through a private policy, you need to demonstrate that you suffer from an active disability. There are additional requirements for recovering benefits through the U.S. Department of Veterans Affairs (VA).
State Resources for Veterans in Nevada
There are agencies in Nevada that can help you file a claim. We strongly suggest that you attempt to coordinate with these agencies before you file a claim, as they can help your claim succeed. Consider using the following agencies:
Filing a VA Claim in Nevada
You can begin the claims process online, but we strongly suggest working with a state or federal agency. To qualify for benefits, you must show that you suffer from an active disability that is directly tied to your service. There are additional requirements that may factor into your case.
Evidence that may factor into your claim could include:
- Medical records
- Service records
- Witness statements from family or fellow servicemembers
- Financial statements
Family members of veterans may also qualify for benefits under the right circumstances.
Although our Nevada disability lawyers cannot help with the initial filing process, we can offer assistance if you are filing an appeal. The appeals process may be difficult to navigate on your own, as several different options could apply to your case. We strongly encourage you to contact us for a consultation if you wish to file an appeal or if you are looking for information on how to file an appeal.
Cities We Serve
- Las Vegas
- Henderson
- Reno
- Paradise
- Spring Valley
- Sunrise Manor
- Enterprise
- Sparks
- Carson City
Contact Our Nevada Disability Attorneys for More Information
At Tucker Disability Law, we are passionate about helping people with disabilities. We can help you uncover potential legal options for filing an appeal on a VA or individual disability claim. Our Nevada disability lawyers can help during any step of the ERISA claim process.
To reach us for a consultation, call (866) 282-5260 or fill out the contact form on our website.
