Do You Need Disability Benefits? Our Wisconsin Disability Lawyers May Be Able to Help
According to the Centers for Disease Control and Prevention (CDC), nearly 23 percent of adults in Wisconsin have some type of disability. These disabilities often vary. For example, they can range from mobility issues, cognition problems and difficulty with hearing and vision.
If you are a veteran or purchased disability insurance through an employer or private company, then you should expect to get the disability benefits you deserve. Unfortunately, the process for receiving these benefits is not always easy.
At Tucker Disability Law, our nationally recognized firm helps individuals get disability benefits from the government and insurance companies. If you need assistance obtaining your disability benefits, then discuss your situation with one of our Wisconsin disability lawyers during a free consultation.
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Disability Insurance Claims
Employer or Group Disability Insurance
Do you receive your disability insurance through your employer? If so, then the federal Employee Retirement Income Security Act (ERISA) likely governs your policy.
ERISA offers protections to policyholders by providing rules that employers must follow when offering certain employee benefits. If you need to file a disability insurance claim through your work, then we can help. We handle ERISA cases nationwide and will help you from the beginning of the claims process.
Individual Disability Insurance
If your disability insurance policy was purchased through an individual or private company, then ERISA does not apply to your plan. Instead, Wisconsin insurance laws apply. The details of your insurance policy will also likely apply. Your insurance policy may determine:
- How you file a disability insurance claim
- How long you have to file a disability insurance claim
- If you must appeal a denied claim before you can file a lawsuit
- How long you have to file an appeal or lawsuit
Understanding the Disability Insurance Claim Process
Below, our Wisconsin disability lawyers discuss the disability insurance claim process. Please note that the process differs depending on your policy type:
- Filing a claim. First, you must file your claim. An attorney can help you gather everything you need to file a strong and accurate claim.
- Insurance company investigation. After you file, the insurance company will investigate your claim. They may ask you to answer additional questions or undergo a Functional Capacity Evaluation (FCE). Then, they will either grant or deny your benefits.
- Appealing the decision. Generally, you must appeal if your insurer denied your benefits. Your appeal will depend on whether you have individual disability insurance or an employer or group plan.
- Proceeding with litigation. If your claim is not resolved during the appeals process, then you may decide to take your case to trial to recover your benefits.
Appealing and Litigating Your Denied Disability Insurance Claim
If your insurer denied your disability insurance benefits, then you can appeal it. Again, your appeal depends on your policy type. We recommend that you have an experienced disability insurance attorney represent you during the appeals process and litigation process.
It is especially important to have a lawyer on your side if you are dealing with an ERISA claim. Under ERISA, you only have your initial claim and appeal to support your case. If your case goes to trial, then you cannot introduce additional evidence.
However, under an individual plan, you may have the option to forgo the appeals process and file a lawsuit directly against your insurance company. Your policy will determine whether you must file an appeal first.
Our Wisconsin disability lawyers can help you understand your options based on your policy. Contact us for a free consultation to discuss your specific situation.
VA Disability in Wisconsin
If you are a veteran that needs disability benefits, then there is a system in place for you to receive those benefits. We recommend that you begin the claims process as soon as possible. Unfortunately, the VA disability compensation claim process takes time. It may also require multiple appeals.
VA Wisconsin State Resources
How to Get VA Disability Benefits in Wisconsin
To begin the claims process, you must file a service-connected disability claim with the VA. A lawyer cannot help you file your initial VA disability compensation claim, so it is really important that you are thorough. Generally, for a successful claim, you must provide the following:
- Proof of service
- Disability diagnosis from a medical professional
- Disability rating from the VA for a service-connected disability
- Medical proof that service caused or worsened your disability
Once you believe you have a strong claim, you can file it in the following ways:
- The VA’s eBenefits website
- Through the mail
- At one of the VA regional offices
After you file your claim, the VA will review it. The VA will either grant or deny your claim. If the VA denies your claim, then you should contact a lawyer to discuss your next steps. Our Wisconsin disability lawyers can guide you through the VA appeals process.
You may have several options to appeal your claim depending on the date of your claim decision. For instance, if the VA denied your claim before February 19, 2019, then you must file a Notice of Disagreement (NOD) with the VA to begin the appeals process. A NOD notifies the VA of your intent to appeal. If the VA denied your claim after February 19, 2019, then you have three different appeal options to choose from.
A Wisconsin disability lawyer from our firm can help you begin your formal appeals process. We can also help you with the following:
- Review your claim file
- Gather additional evidence for your appeal
- File your appeal
- Monitor your appeal
Cities We Serve in Wisconsin
Our Wisconsin disability attorneys help clients throughout the entire state. Cities that we provide our services to include, but are not limited to:
- Milwaukee
- Madison
- Green Bay
- Appleton
- Superior
- La Crosse
- Eau Claire
Contact Our Wisconsin Disability Lawyers Today
If you need help obtaining disability insurance benefits or VA benefits in Wisconsin, then Tucker Disability Law may be able to help you. Discuss your situation with one of our Wisconsin disability lawyers. Call our office at (866) 282-5260 or fill out our online contact form for a free consultation.
