Our West Virginia Disability Lawyers Help With Disability Insurance Claims and VA Appeals
Securing income can be very difficult if you currently suffer from a disability. If you suffered an injury or illness, then you may have difficulty holding down a job. However, you may be in luck if you purchased long term disability insurance or received a policy through a private employer. You may also have options for benefits if you are a former veteran. Unfortunately, it can be difficult to recover benefits through a policy or the Department of Veterans Affairs (VA). Our West Virginia disability lawyers know from experience that insurance companies do not always operate in an ethical manner. Additionally, the VA may also cause issues if you are trying to secure benefits.
Tucker Disability Law is a nationally-recognized disability law firm that helps individuals across the country obtain disability insurance benefits and VA disability compensation. If you need help getting your benefits, reach out to us at (866) 282-5260 today.
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Disability Insurance Claims
Group Long Term Disability Policies and ERISA
Some private employers offer group long term disability insurance. If you have a group policy through a private employer, then it is probably covered by the Employee Retirement Income Security Act (ERISA). You have certain rights under this federal law. Additionally, your employer also has certain obligations. Your options for recovering benefits, and how much you can recover, depends on your condition and potentially other circumstances.
Filing a claim under a policy covered by ERISA can be difficult. However, there are options to recover benefits even if you receive a denial for your initial application.
Individual Long Term Disability Insurance in West Virginia
There are additional options for purchasing long term disability insurance. You may be able to purchase a policy through a private insurance company on your own. However, individual policies do not fall under ERISA’s umbrella. State law governs individual policies. If you have an individual policy, then you may be able to secure benefits if you suffer an injury or illness that leads to a disability.
Like with policies governed by ERISA, your insurance provider may deny your benefits for various reasons. In some cases, the insurance provider may run afoul of state law when making its decision.
Filing a Long Term Disability Claim in West Virginia
If you are unsure how to file a claim for benefits, then you should review your insurance policy or contact your provider. Your employer may also have information that can help you file a claim.
Before you file your claim, you will need to obtain evidence that you are suffering from a disability. You may need to include medical records or records from a physical examination with your initial claim. Additional types of evidence could be required, so do not be afraid to reach out to one of our West Virginia disability lawyers if you have questions.
After filing your claim, the insurance company will investigate the evidence. It can take weeks or several months before you receive an approval or denial. If you receive an approval, then you can eventually recover benefits that help you cover lost income due to an inability to work. However, if you receive a denial, then the process becomes much more difficult, especially if you try to brave it on your own.
The appeals process varies depending on whether you have a policy that falls under ERISA or state law. If you have a group disability insurance policy, then ERISA kicks in once you file your appeal. State law applies to your case if you have an individual policy.
You must exhaust the appeals process before taking additional steps if you have an ERISA policy. After exhausting your options for an appeal, you may be able to file a lawsuit against the insurance provider. Your case would go before an administrative judge instead of a jury.
You may also be able to file a lawsuit against the insurance provider if you have an individual policy. In this case, your lawsuit could go before a jury if a settlement is not reached.
Our disability lawyers in West Virginia may be able to offer assistance if you are appealing a claim for benefits.
Veterans’ Disability Benefits in West Virginia
Many veterans have disabilities they sustained during wartime. If you fall into this group, then you may be able to recover benefits that can help you cover lost income and other expenses. Surviving spouses of deceased veterans may also have options to recover benefits.
However, we strongly encourage you to take advantage of state resources that can help you file a claim. It is very easy to make a mistake on your initial paperwork, and these organizations can help you avoid this pitfall.
State VA Resources in West Virginia
You should consider utilizing the following resources if you plan to file a claim. In West Virginia, you can use:
Filing a Disability Claim with the VA
You can file a claim if you are eligible for benefits. If you left the service in good standing, and you have a qualifying disability that you can tie to your service, then you may be able to recover benefits. Although you can start the application process online on your own, we strongly encourage you to use the resources listed above.
You need to include evidence of a disability like you would with a claim through an insurance policy. Evidence for your claim could include:
- Medical records
- Service records
- Financial statements
- Statements from family members or physicians
If you receive a denial, then your options for filing an appeal vary depending on the circumstances. You should speak with one of our West Virginia VA disability lawyers if you received a denial and wish to file an appeal. Much like the initial claims process, it can be easy to make a mistake while appealing your case. Our lawyers may be able to represent you through the entire appeals process and further proceedings.
Cities We Serve
- Charleston
- Huntington
- Parkersburg
- Morgantown
- Wheeling
Contact Our West Virginia Disability Lawyers for Assistance
Our disability lawyers in West Virginia can help during any part of the ERISA or individual policy claim process. We can also help with appeals for VA claims. If you want to learn more about how we can help with your potential case, then we encourage you to give us a call. To schedule a consultation with one of our West Virginia disability lawyers, please call (866) 282-5260 or use the contact form on our site.
