Contact Our New Hampshire Disability Lawyers for Help
Having a disability can make working extremely difficult or impossible. For some people in New Hampshire, they may suffer from a health condition that prevents them from obtaining income. Accidents, illnesses and wartime service are among the most common reasons people develop disabilities. Depending on the circumstances, it may be possible to recover benefits if you have an active disability. You may have group long term disability insurance through a private employer. If you are a wartime vet, then you may be able to access benefits through the Department of Veterans Affairs (VA). As our New Hampshire disability lawyers know, it can be difficult to obtain long term disability benefits.
Tucker Disability Law can help you throughout the disability insurance claim process. We can also help fight an appeal for an ERISA claim or VA claim.
Contents
Disability Insurance Claims
Employer ERISA Policies in New Hampshire
The Employee Retirement Income Security Act of 1974, also called ERISA, is a federal law that governs certain benefits policies provided by private employers. If you have a group long-term disability policy through a private employer, then chances are it is covered by ERISA. Under ERISA, you have rights and your employer has certain responsibilities.
When you file a claim for an ERISA policy, there are certain procedural requirements and steps that you must complete. This is also true if you are appealing a claim for benefits for a policy that falls under ERISA’s umbrella.
Individual Disability Insurance Policies in New Hampshire
You may also purchase an individual disability policy. This is generally more common for people who are self-employed. However, if you have an individual policy, then it falls under New Hampshire state law.
Although the process for filing a claim is likely going to be outlined in your insurance policy’s language, your options for appealing a claim are different than an ERISA policy. You may even have more options available to appeal a claim or file a lawsuit.
Our attorneys offer certain types of assistance for individual disability insurance claims. You may contact our disability lawyers in New Hampshire to find out more about these services.
Filing a Disability Insurance Claim in New Hampshire
Review the language of your policy or contact the insurance provider for details on how to file a disability insurance claim. However, you are going to need to provide evidence that you are suffering from a current disability. You may need to include the following information with your claim:
- Medical and work records
- Physician statements
- Independent medical exam results
You need to fill out additional forms for an ERISA claim. After you submit your initial claim, the insurance provider will investigate its merits. The process of receiving an approval or denial can take months. If you receive a denial, then your options for filing an appeal vary depending on the type of policy you have.
If you have an ERISA claim, then ERISA kicks in once you hit the appeals process. Under ERISA, you must exhaust the appeals process before you can take further legal action against the insurance provider. You also have only 180 days to file an appeal. If you file a lawsuit for an ERISA claim, then your case goes before an administrative judge. This judge decides the outcome of your case.
However, the rules are different for appeals involving individual policies. You may be able to file a lawsuit against the provider that goes before a jury trial, not an administrative judge.
Getting VA Benefits in New Hampshire
If you are a veteran with an active disability, then you may be able to obtain benefits from the VA. Filing a claim can be difficult, especially with an active disability. Fortunately, New Hampshire, like other states, operates programs that offer assistance.
VA Resources in New Hampshire
You should consider reaching out to the following agencies or offices if you need help filing a VA claim in New Hampshire.
Filing a Claim for VA Benefits in New Hampshire
You must meet certain requirements to get benefits through the VA. For instance, you must have left the military in good standing. There are additional requirements too. Much like a claim for a private insurance policy, you must demonstrate that you have an active disability.
You may need to include medical records, service records and discharge papers with your claim. Most important of all, you must demonstrate that your current disability resulted from or worsened from your military service.
If the VA denies your claim, then you can hire a VA disability attorney to help you through the appeals process. Your options for filing an appeal vary depending on the circumstances, such as the date of your claim denial. You could need to fill out different types of forms, so we encourage you to contact us if you are appealing a VA claim.
Cities We Serve
- Manchester
- Nashua
- Concord
- Derry
- Dover
- Rochester
- Salem
Contact Our New Hampshire Disability Lawyers
Our New Hampshire disability lawyers can help with ERISA disability insurance cases. If you are filing an ERISA or VA appeal, then we encourage you to reach out to us for a consultation. We offer specific services for individual disability policy appeals as well. To reach our New Hampshire disability lawyers, call (866) 282-5260 or use the contact form on our website.
