Our Texas Disability Lawyers Can Help You Recover Disability Insurance Benefits or VA Benefits
According to the Centers for Disease Control (CDC), nearly 26 percent of adults in Texas have some type of disability. These disabilities can range from difficulty concentrating to serious difficulty walking. If you have a disability, you should be able to expect that you can get the disability insurance benefits or veterans benefits you need. Whether you need help obtaining disability insurance benefits or appealing a VA claim denial, contact Tucker Law Group and speak with one of our Texas disability lawyers during a free initial consultation.
How We Help
Disability Insurance Claims
Disability Insurance Through Your Employer
If you have disability insurance through your employer or group, it is likely covered by the federal Employee Retirement Income Security Act (ERISA). ERISA provides employees with certain protections, because employers must follow ERISA if they offer employee benefits.
Tucker Law Group handles ERISA claims, appeals and lawsuits nationwide. We help our clients from the very beginning of the claims process. Call our Texas ERISA attorneys to discuss your potential claim.
Individual Disability Insurance in Texas
If you have an individual or private disability insurance plan, then ERISA does not apply. Texas’s contract and insurance laws apply. In addition, the details of your insurance policy may discuss how you file, appeal or litigate a disability insurance claim.
The Disability Insurance Claim Process
Whether you are beginning the claims process or appealing a denied claim, our Texas disability lawyers may be able to help you.
Remember that how you file, appeal and even litigate your insurance disability claim will depend on whether your policy is an individual policy or a policy governed by ERISA. We outline the basics of the claims process below:
- File your initial claim. We recommend that you discuss your specific situation with a Texas long term disability attorney before you file. An attorney can help you gather evidence for your claim and make sure you have everything you need to file.
- The insurance company’s investigation. Your insurance company will investigate your claim after you file it. They may ask you to answer additional questions or even ask you to participate in Functional Capacity Evaluation (FCE). A Functional Capacity Evaluation evaluates your limitations and restrictions. The insurance company may use it undervalue or deny your claim.
- The insurance company’s decision. After investigating your claim, the insurance company will either grant or deny your disability insurance benefits.
- Appeal your denied claim. If your disability insurance benefits were denied, then you can appeal it. The appeals process depends on whether you have individual disability insurance or an employer or group plan. A Texas disability attorney from Tucker Law Group can help you determine how to appeal.
- Litigate your claim. How you file a disability insurance lawsuit depends on the type of disability insurance you have. Under ERISA, you must exhaust all of your appeals before you can file a lawsuit. Under an individual plan, you may be able to skip the appeals process and file a lawsuit. This depends on the language in your policy.
Appealing and Litigating an ERISA Disability Insurance Claim
Under ERISA, you generally have 180 days to appeal a claim denial. It is very important to have an experienced Texas ERISA attorney represent you during the appeals process. You cannot introduce new or additional evidence if your case must go to trial.
There will not be a jury or witness testimony. The court will make a decision based on the evidence filed with your initial claim and your appeal.
Appealing and Litigating an Individual Disability Insurance Claim
If you have an individual plan, then depending on your policy, you may be able to skip filing an appeal. Our Texas long term disability attorneys can help you determine whether you must file an appeal first.
Do you believe your long term disability claim denial is an issue of bad faith? Under Texas Insurance Code Sec. 541.162, the statute of limitations to file an individual insurance disability lawsuit in Texas is two years from the following:
- The date that bad faith occurred; or
- The date that you discovered or should have discovered that bad faith occurred.
But, you should read your policy carefully for a limitations clause. Your policy could state a much shorter deadline. We recommend that you speak with our Texas disability lawyers. We can help you determine whether you have a potential bad faith claim against your insurance company.
VA Disability in Texas
If you are a veteran and you need disability benefits, there is a system in place to help you get these benefits. We recommend that you begin the process as soon as you can. Often, obtaining veterans benefits is a long process.
Texas VA Resources
How to Win VA Disability Benefits in Texas
The first step in receiving veterans’ benefits in Texas is to file a service-connected disability claim with the VA. You can file a VA claim online, through the mail or in-person at one of Texas’s regional offices. Generally, for a successful claim, you must:
- Show proof that you served
- Have a diagnosis of disability from a medical professional
- Have a disability rating from the VA for a service-connected disability
- Show medical proof that your service brought about or worsened your disability
You cannot hire an attorney to help you file your initial VA claim application. However, you can use the help of a Claims Benefits Advisor affiliated with the Texas Veterans Commission. We recommend that you contact one of these advisors during your initial claim process.
If your claim is denied, then you can appeal part or all of the VA’s decision. You can begin the appeals process by filing a Notice of Disagreement (NOD). A Notice of Disagreement notifies the VA that you intend to file an appeal to the Board of Veterans Appeals (BVA).
Our Texas disability attorneys can help you through the appeals process. We can review your claim file, help you file your NOD and gather additional evidence for your claim. Then, we can help you file your appeal, monitor it and represent you in all further proceedings.
Cities We Serve in Texas
Our Texas disability lawyers represent clients throughout the state. Cities in Texas that we serve include:
- San Antonio
- El Paso
- Fort Worth
- Corpus Christi
Contact Our Texas Disability Lawyers for a Free Consultation
If you need help obtaining VA benefits or disability insurance benefits, contact Tucker Law Group to discuss your situation. During a free initial consultation, you will speak with a Texas disability attorney from our firm. We can help you understand your best legal options and determine whether we can help you. Call us at (866) 233-5044 to get started.