Call Our Utah Disability Lawyers
Utah is one of the healthiest states in the United States. Over 3.1 million people live in the Beehive State, but did you know that almost one in five Utahns have a disability?
These individuals claim a wide range of disabilities. This list includes:
- Cognitive Disabilities. These disabilities include serious difficulty making decisions, remembering or concentrating due to an emotional, mental or physical condition.
- Self-Care Disabilities. These disabilities include difficulty completing basic hygiene tasks such as brushing teeth, bathing or dressing.
- Independent Living Disabilities. These disabilities include difficulties running errands, going to the doctor, shopping or other tasks due to a mental, physical or emotional condition.
- Mobility Disabilities. Mobility issues include major issues walking or climbing stairs.
- Vision Disabilities. Vision disabilities include blindness or difficulty seeing even with prescription glasses.
These conditions make it difficult for people with disabilities to make a living. However, there are protections in place to help individuals and families from falling into poverty. We can help you explore these options.
The Utah disability lawyers at Tucker Law Group have more than 27 years of experience practicing disability insurance law. We have a record of keeping our clients informed and we handle cases with honesty and professionalism. Our Utah disability attorneys can help with a wide range of disability insurance issues. We handle cases involving ERISA claims, individual claims and VA claims.
How We Help
Disability Insurance Claims
Employment-Based and ERISA Claims
ERISA stands for Employee Retirement Income Security Act. This federal law sets guidelines for companies to follow when they offer benefits to their employees.
Some third-party policies, such as those offered by unions, are also covered by ERISA. Policies purchased on an individual basis or through a non-employer group do not qualify for ERISA protections.
These guidelines are in place to help ensure that employers nationwide keep their employees’ best interests in mind. Yet, disability claims are often denied.
The complex process for claiming ERISA benefits is why you should seek guidance from an experienced disability attorney in Utah. Our law firm offers free initial consultations. We can help during any stage of the claim and appeals process.
To protect themselves in the event of a disabling injury, adults in the U.S. often buy disability insurance. If their insurance company fails to uphold the terms of their policy after an accident, our Utah disability attorney may be able to hold the company liable. To do this, you would need to file a bad faith claim. However, this process can be particularly complex if you live in Utah.
The State of Utah considers a bad faith claim as a breach of contract instead of a tort issue. What does this mean? Any claim filed against a disability insurance company will follow the laws for contracts. Other states often handle bad faith claims as torts or civil lawsuits.
This means the statute of limitations, or the amount of time you have to file a bad faith claim follows Utah’s statutes on breaches of contract. Under this statute, you have four to six years to file a claim depending on the circumstances of your case. This time limit begins after the “cause of action.” It does not when the claimant realizes that a breach has occurred.
Such complex laws mean having a disability attorney in Utah by your side is important. Tucker Law Group is a Florida-licensed firm and therefore cannot file a case in Utah. However, we are still able to help counsel claimants facing bad faith issues with their insurance company.
The Disability Insurance Claim Process
Unfortunately, whether you have group insurance (such as an ERISA protected plan) or a private insurer, disability claims are often denied. When it comes to insurance companies, they are often only interested in maintaining their bottom-line. This means they are searching for any reason to deny you coverage. So, your application for benefits must be very strong to succeed.
You must gather evidence documenting your condition and how it affects your work. This can include witness statements, medical records and vocational documents. In some cases, the insurance company may perform its own investigation. So, you may have to meet with investigators to discuss your evidence.
Since Utah does not have a state disability insurance program, you must file your initial claim with your insurance company. If the company denies your claim, you should appeal the decision. Only after exhausting your appeals will you qualify to file a lawsuit further pursuing compensation.
VA Disability in Utah
Serving in the armed forces is one of the highest honors in our country. The men and women who sacrifice for our freedom are our greatest treasure, but their service can come at a price. Thankfully, the law entitles compensation to veterans returning home with mental and physical injuries. Yet, applying for and receiving that compensation can leave you with a lot of questions.
How to Win Utah VA Disability Benefits
To successfully claim your Utah VA disability benefits from the Department of Veteran Affairs (VA) you must first meet several requirements. You must prove:
- That you have an existing mental or physical disability;
- That you suffered an injury, disease or event during your service which aggravated or caused an injury or disease; and
- That your condition is linked to, caused by or occurred during your military service.
This process also involves gathering medical records, discharge or separation papers for your claim. You should also gather supporting statements from family or other service members. A mistake on your application or missing documentation could result in a denial.
Since it can take months or even years for application approval, a denial could be a long-lasting setback. However, a denial does not prevent you from appealing the VA’s decision. Once again, you must meet strict deadlines and regulations to overturn the denial, and the process could take 12 to 18 months.
Utah VA Resources
Due to the processing times, you should start your application for VA disability benefits as soon as possible. The VA offers an online application to help you get started. You can also visit your regional VA office in Salt Lake City.
Though a lawyer cannot file this application for you, they may be able to help guide you. If facing the denial of your application, then acquiring the assistance of a VA disability attorney can also help during this process. Experienced Utah disability lawyers know what the VA is looking for on an appeal. This means hiring a lawyer could save you months during the application process.
Cities in Utah That We Serve
We serve clients throughout Utah, including clients in the following cities:
- Salt Lake City
- West Valley City
- West Jordan
Contact Our Utah Disability Lawyers
Every state has its own rules when it comes to filing a disability claim. Do not let the complicated nature of these systems keep you from getting the disability compensation you need.
Contact Tucker Law Group today for a free consultation. We can help you make sense of the regulations that stand in the way of you getting the benefits you need and deserve. Call (866) 233-5044 or fill out our online contact form.