Contact Our Experienced North Dakota Disability Lawyers
An estimated 20 percent of adults in North Dakota suffer from some type of disability. Many individuals with disabilities have a difficult time working, especially if the disability causes cognitive or physical impairment. If you work for a private employer, they may offer a long term disability insurance policy. These policies are covered by ERISA, a federal law that came into existence in 1974. Disability benefits are also available for eligible veterans or their family members. However, our North Dakota disability lawyers know from experience that it is not always easy to obtain these benefits. Your claim could be denied, robbing you of the benefits you need to cover basic expenses.
Tucker Disability Law is a disability law firm with experience handling ERISA claims and claims for individual insurance policies. We also have experience with disability appeals through the Department of Veterans Affairs.
Contents
Disability Insurance Claims
ERISA Claims in North Dakota
If you have long term disability insurance through a private employer, then it is likely covered by ERISA. This law governs many types of benefits packages offered by private employers, including long term disability insurance. When you file a claim with your insurance provider, they may deny your claim for benefits. If you file an appeal with the provider, then ERISA comes into play. This federal law determines your options during and after the appeals process.
Our North Dakota disability lawyers can help during any part of the ERISA claims process. We encourage you to contact our disability law firm if you have questions about filing an appeal.
Individual Disability Insurance Claims in North Dakota
You may have also purchased your own individual long term disability insurance policy. If this is the case, then North Dakota law comes into play if you file an appeal or lawsuit. Under state law, insurance providers can face lawsuits when they run afoul of the law. You may be able to file a lawsuit against the provider to recover your benefits and other damages.
Filing a Disability Claim in North Dakota
You must go through the process outlined in your policy to file a claim for benefits. If you have a policy governed by ERISA, then your employer may also have important information on how to file a claim. However, you must provide evidence that you suffer from an active disability regardless of the type of policy you possess.
Evidence of a disability can come from multiple sources. Common types of evidence in a North Dakota disability insurance claim include:
- Medical records. You may need hospital or doctor’s office records that show you suffer from a health condition and qualifying disability.
- Physical exam records. Some insurance providers make you undergo a physical exam with a physician. Records from the exam may factor into your claim.
- Financial records. You may bolster the merits of your claim by showing your disability is causing financial hardship.
- Statements. In some cases, statements from your family or physician could factor into your claim.
It can take weeks before your insurance provider approves or denies your claim. If your provider denies your claim for benefits, then your options for filing an appeal depend on your policy and state or federal law.
For claims involving ERISA, you must go through the entire appeals process before you can take further action. You may be able to file a lawsuit after exhausting your options under the appeals process. If you file a lawsuit, then your case goes before an administrative judge. This is an important distinction from individual claims, where your case could end up before a jury.
Which types of benefits and damages you can obtain from a lawsuit depend on the type of policy you possess. You may be able to recover your benefits and damages if you have an individual policy. However, you can only obtain your benefits if you win a lawsuit involving an ERISA policy.
Veterans Disability Benefits in North Dakota
If you are a disabled veteran, then you may also have options for recovering benefits. The same is true for your family members under the right circumstances. However, filing a VA claim for disability benefits can be difficult. You must go through a certain process and there is no guarantee that the VA will approve your claim. We strongly suggest working with state or federal agencies that can help with these claims.
Help for Disabled Veterans in North Dakota
You should consider using the following state or federal agencies if you plan to file a claim with the VA.
Filing a VA Claim for Disability Benefits in North Dakota
You can begin the claims process online, but we strongly recommend using one of the services listed above for assistance. To acquire disability benefits from the VA, you must be able to demonstrate that you suffer from an active disability that is directly related to your military service. You should include multiple types of evidence with your claim. Common types of evidence for VA disability claims include:
- Medical records
- Physician statements
- Service records
- Witness statements from family or fellow servicemembers
The VA may deny your claim for benefits. Should this occur, then it is important to have information that can help you file an appeal. Our North Dakota disability attorneys can help you with this process. Keep in mind, your individual circumstances determine what you need to do during the appeals process.
Cities We Serve in North Dakota
- Fargo
- Bismarck
- Grand Forks
- Minot
- West Fargo
- Williston
- Dickinson
- Mandan
- Jamestown
Contact Our North Dakota Disability Lawyers for Assistance
Tucker Disability Law can help you during any step of the ERISA claims process. We can also provide counsel for individual disability policy claims and appeals. Additionally, we are also happy to help our nation’s veterans during their time of need. If you are a disabled veteran or family member of a deceased veteran, we can help you determine your options for filing an appeal. You can schedule a consultation with us by dialing (866) 282-5260 or by using the contact form on our site.
