Contact Our Virginia Disability Attorneys
The number of people with disabilities in Virginia is rising. In 2013, around 11 percent of Virginians reported having a disability. This number increased to 11.5 percent in 2016, according to an article from the University of Virginia. This means disability touches the lives of millions of people throughout our state. So, preparing to face the challenges of a disability should be on every Virginian’s mind.
A disabling injury can leave you in pain, unable to work and wondering how you are going to pay your bills. This is why so many individuals invest in short term and long term disability insurance. These policies help support Virginians with disabilities and their families. Unfortunately, the system does not always work this way.
Insurance companies are more interested in their bottom line than supporting premium-paying policyholders. This can lead to denied claims and financial hardships for families. However, Virginians with disabilities do have ways of fighting back.
The Virginia disability attorneys at Tucker Disability Law know what to do in these difficult situations. We help individuals across the nation deal with disability insurance problems.
Contents
Disability Insurance Claims
Group Disability Insurance Policies and ERISA
Known as the Employee Retirement Income Security Act of 1974, ERISA provides guidelines for insurance provided by private employers. If you have a group disability insurance policy through your employer, then ERISA governs your policy. It also covers certain third-party policies such as those issued by unions.
ERISA does not cover government plans. It also excludes policies purchased on an individual basis or through non-employer groups. Instead, this federal law prevents employers from neglecting their employees’ interests.
Despite these protections, some insurance companies still deny claims. This makes it difficult for policyholders to receive the benefits they deserve. In situations like this, you need an ERISA lawyer who understands the system. At Tucker Disability Law, our attorneys have that experience.
We help policyholders recover their rightful disability insurance benefits. We can help you file a claim or appeal a claim denial. If your insurer failed to follow ERISA guidelines, then we can also help you file a lawsuit.
Still have questions about ERISA? Check out our ERISA FAQ page for even more answers.
Individual Disability Insurance Policies
An individual disability policy is long term disability coverage purchased without employer assistance. Under most circumstances, ERISA does not cover policies such as this. That means Virginia State contract law regulates your policy.
Tucker Disability Law is not licensed outside of Florida. However, our firm can still give counsel to Virginians facing individual disability insurance issues.
The Disability Insurance Claims Process
You must follow your private insurance company’s filing process to claim disability benefits. Insurers may deny your initial claim to guard their bottom line.
They will use any reason available to deny your claim. This includes:
- Mistakes made on forms
- Incomplete evidence submissions
- Misstatements made on a functional capacity evaluation (FCE)
Hiring an experienced Virginia disability attorney may be the only way to counter these measures. A lawyer can help you fill out forms and build strong supporting evidence. This will strengthen your case should the insurance company deny your claim.
If the insurance company denies your claim, then you may appeal the decision. Policyholders who have acquired their insurance through their employer must exhaust these institutional appeals. ERISA protects individuals who have group insurance through their employer or certain third-parties. However, ERISA protections only kick in after the insurer denies all your appeals.
There are many options for individual disability insurance policyholders after an insurer denies your claim. Consult with one of our Virginia disability lawyers to determine which path is right for you.
VA Disability in Virginia
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 be a difficult process.
How to Win VA Disability Benefits in Virginia
The government entitles our servicewomen and servicemen to compensation for injuries sustained while serving. However, the process to claim those benefits can be long and complex. If you served in the armed forces and sustained an injury, then recovering compensation will be difficult.
You must prove that:
- You have an ongoing physical or mental disability;
- You endured a disease, event or injury during your service that caused or aggravated an injury or disease; and
- Your condition is somehow the result of or incurred by your military service.
You will need:
- Medical records,
- Discharge papers and
- Supporting statements from your family and/or your fellow service members.
You can submit this information with your application at a local VA office or through an online application. An attorney cannot file this application for you, but he or she may be able to help guide you.
Remember, application approval could take months or years. If the government denies your claim, then you can still appeal the decision. However, the appeals process can take 12 to 18 months. So, the slightest mistake on a form could be a staggering setback. Rely on the experienced help of one of our VA disability attorneys in Virginia.
Virginia State Resources
- Roanoke Regional Office
210 Franklin Rd., SW
Roanoke, VA 24011
Monday-Friday, 8:30am-4pm
Cities We Serve
- Virginia Beach
- Norfolk
- Chesapeake
- Arlington
- Richmond
- Newport News
- Alexandria
- Hampton
- Roanoke
- And More
Contact Our Virginia Disability Attorneys
When it comes to disability coverage, insurers can be stingy and combative. They will try to delay the claims process by using every method legally available. However, you can fight back. The Virginia disability attorneys at Tucker Disability Law are ready to help. We can help you navigate the regulations threatening your rightful compensation. Give us a call at (866) 282-5260 or fill out an online contact form to schedule a free consultation today.
