Need Help Recovering VA Disability Compensation or Disability Insurance Benefits? Contact Our New Mexico Disability Lawyers
For 28.8% of adults in New Mexico, living with some type of disability is a reality. When you have an injury or illness that prevents you from working, disability benefits can help you cover basic living expenses. If you are a disabled American or veteran who is unable to work, you have options to seek the benefits you need. Unfortunately, securing the benefits through a private insurer or the Department of Veteran Affairs (VA) can prove difficult for many individuals.
Do you need help recovering disability insurance benefits or appealing a VA compensation claim denial? Contact our law firm to discuss your case with our experienced attorneys. At Tucker Disability Law, our New Mexico disability lawyers are nationally recognized for our ability to represent clients against the government and insurance companies.
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Disability Insurance Claims
Group Disability Insurance and ERISA Claims
Many employers offer group disability insurance policies. If your disability insurance coverage is provided by your employer, your policy is likely governed by the Employee Retirement Income Security Act (ERISA). This federal law provides the insured individual with certain protections and rights. Under ERISA, employers are required to make information about your disability benefits easily accessible.
Filing and Appealing an ERISA Disability Insurance Claim
It is extremely common to see long term disability insurance claims get denied. Insurers work diligently to protect the company’s bottom line.
If you need to file or appeal an ERISA claim, speaking with a disability insurance lawyer can help give you the best chance of recovering the benefits you deserve. Schedule a consultation with the New Mexico disability lawyers at our firm to discuss your case.
Individual Disability Insurance
While ERISA governs group disability insurance, it does not govern an individual or private disability insurance policy. State laws and the policy govern it.
When handling an individual disability insurance claim, it is important to consult with an experienced disability attorney in New Mexico. Working with an attorney that has knowledge of state insurance laws and experience can help give you the best chance of recovering the benefits you need. Whether you are filing your initial claim or need to appeal a denied claim, our attorneys can help you determine your next steps.
The Disability Insurance Claim Process
If you are unable to work due to a disability, it is critical that you receive the disability insurance benefits you need when you need them. Unfortunately, the disability insurance claim process is difficult to navigate without legal assistance. Below we provide a quick guide through this process. If you have questions not answered below, contact our firm to schedule a free consultation.
Filing Your Initial Claim
How you handle filing your initial claim will depend on whether you have a group or individual disability insurance plan. What type of disability insurance do you have?
Legal assistance can significantly improve your chances of recovering your disability insurance benefits. Our New Mexico disability lawyers can help you understand the distinctions between the two types of disability insurance and how to handle your claim. We can also help you with the following:
- Prepare and file your initial claim application
- Gather strong evidence and supporting documentation
- Account for everything within your initial claim
The Appeals Process
If the insurer denies your claim or has not approved the benefits you believe are fair, you can submit an appeal. Before filing your claim, you should understand the differences between the group and individual disability insurance claim process. How you handle your appeal will depend on the type of plan you have. Your policy may also impact the way you handle your appeal.
We recommend speaking to our law firm about filing a long term disability appeal. Our attorneys can help you with the following:
- Prepare your appeal
- Meet your appeal deadlines
- File a lawsuit if your appeal is denied
Filing a Lawsuit
If necessary, the disability lawyers at Tucker Disability Law can litigate on your behalf to get you the benefits you deserve. To learn more about your options, speak to an attorney at our firm.
VA Disability in New Mexico
In New Mexico, the state provides disability benefits for veterans who are unable to work due to a service-connected condition. These benefits, however, can be difficult to obtain. It could take months or years to receive your VA disability benefits. It is for this reason that we recommend beginning this process right away.
State Resources
How to Recover VA Disability Benefits in New Mexico
When you begin the VA compensation claim process, it is important to know that you cannot hire an attorney to help you with filing your initial claim. You will need to file your claim on your own either at a local VA regional office or online.
In general, to successfully claim VA disability compensation, you must have:
- Served in active duty or inactive duty training
- A disability rating of a service-connected condition
When filing your initial claim, submit as much evidence as possible. Evidence that can strengthen your claim include:
- Hospital records
- VA medical records
- Physician statements
- Service treatment records
- Discharge papers
- Witness statements from fellow service members
- A written statement about your condition
Appealing a VA Disability Compensation Claim Denial
If you are denied your VA disability compensation claim, we recommend contacting a VA disability lawyer. Our attorneys help veterans recover VA service-connected compensation they need after a claim denial. An attorney at our firm can help you determine which of the different appeal forms suits your specific situation. He or she can also help you throughout the appeals process, including:
- Filing your appeal application
- Helping you obtain witness statements
- Handling VA paperwork as necessary
- Submitting legal arguments
For help with your appeal, contact Tucker Disability Law to discuss your case during a free consultation.
Cities We Serve
We serve clients throughout New Mexico. A few cities we serve include:
- Albuquerque
- La Cruces
- Rio Rancho
- Santa Fe
- Roswell
- Farmington
- Clovis
- Hobbs
- Alamogordo
- Carlsbad
Schedule a Free Consultation With Our New Mexico Disability Lawyers
Tucker Disability Law is a nationally recognized law firm that can assist with ERISA claims and VA disability appeals nationwide. We also offer certain types of assistance for individual disability insurance claims in New Mexico.
Our New Mexico disability lawyers have extensive experience fighting the government and insurance companies on behalf of our clients. Contact our firm if you have questions about your case. You can reach us by dialing (866) 282-5260 or by using the contact form on our website.
