Contact Our Arkansas Disability Lawyers
Do you have an injury or illness that prevents you from working? If you need help getting long term disability insurance benefits or appealing a VA claim denial, contact our firm.
At Tucker Disability Law, our nationally recognized firm can give you the best chance at winning the benefits you need. Our Arkansas disability lawyers welcome discussing your case during a free consultation.
Disability Insurance Claims
Employer or Group Disability Insurance in Arkansas
The Employee Retirement Income Security Act (ERISA) is a federal law that governs group disability plans offered by employers. ERISA protects individuals and the interests of employee benefit plans. If your disability insurance is provided by your employer or you pay for coverage under an employer’s group disability plan, your plan is subject to ERISA.
There are many individuals across the United States that receive their insurance plans from employers. With this being the case, ERISA has a major impact on long term disability insurance claims and short term disability insurance claims.
Questions About Filing an ERISA Claim?
There are many deadlines and complex procedures that claimants have to follow to ensure they have the best chance of getting their ERISA claims approved. At Tucker Disability Law, our Arkansas disability lawyers can help you file your initial claim, appeal a denied claim and litigate for your benefits if needed. We have extensive experience handling ERISA disability insurance claims for our clients.
Individual Disability Insurance in Arkansas
An individual purchases their own coverage when they have an individual disability insurance policy. This means that individual disability insurance coverage is not provided by an employer and is not subject to ERISA. State laws and the policy govern it.
Do you need to file a short term or long term disability insurance claim? If so, you need an experienced attorney to help you navigate your options. Our attorneys can help you determine how to file and how to appeal if your claim is denied.
The Disability Insurance Claim Process
Disability insurance benefits can be a vital source of income when you are unable to work due to an injury or illness. However, the disability insurance claim process is complicated to navigate without help. That is why our firm is here to help guide you through the process.
Filing Your Initial Claim
When you begin to file a claim, you will start by completing the claimant forms. Even during this first step of the process, it is important to understand that there are key differences between filing for group or individual disability insurance benefits.
At Tucker Disability Law, our Arkansas disability lawyers can help you understand the differences between the two claim processes. Our attorneys can also help you gather strong evidence and account for everything within your initial claim. With an experienced attorney on your side, you can significantly improve your chances of receiving an approval on your short or long term disability insurance claim.
Insurance Company Investigation
Once you file, the insurance company will investigate your long term disability insurance claim. When the insurance company is investigating your claim they will typically look at the following:
- Claim forms
- Medical records
- Physician’s forms
- Supporting evidence
Your insurance company may also ask you to take a Functional Capacity Evaluation (FCE). When this happens, you should immediately contact a disability attorney to find out how to protect your benefits. Many insurance companies are looking for ways to deny you the benefits you deserve.
The Appeals Process
When the insurance company denies your claim or has not approved the benefits you believe are fair, you can choose to appeal your claim. However, how you handle your appeal will depend on whether you have a group or individual disability insurance policy.
It is crucial that an experienced Arkansas disability attorney help you at this stage. We recommend speaking to our law firm about filing a long term disability insurance appeal. Our firm can help you prepare your appeal, meet appeal deadlines and help you file a lawsuit if your appeal is denied.
Filing a Lawsuit
If you receive a notice of your appeal denial, you are eligible at this point of the process to file a lawsuit against your insurance company. The disability lawyers at Tucker Disability Law can litigate on your behalf to get you the benefits you deserve.
VA Disability in Arkansas
In the state of Arkansas, if you are a veteran who is injured and unable to work, you may be eligible for VA disability benefits. It is important to know that it could take anywhere from a few months to years to receive these benefits. It is a long process that includes the time it takes to file and process your initial claim and the many appeals that may follow.
The Arkansas disability lawyers with Tucker Disability Law want to guide you through this process. See the following guide to learn how to win VA disability benefits. If you receive a claim denial after you have completed this process, contact our VA disability lawyers. We can help you navigate from your denial to appeal your claim.
State Resources
- Little Rock Regional Office in Little Rock
How to Win VA Disability Benefits in Arkansas
Before you file your VA disability claim, you need to determine your eligibility for benefits. According to the VA, to be eligible for VA disability benefits you must have:
- A disability rating of a service-connected condition
- Served in active duty or inactive duty training
Additionally, you must have become injured or ill while serving, had an injury worsened by serving, or have a disability that surfaced after serving. If you meet all of the eligibility criteria, your next step is to begin filing your claim.
Filing a VA Disability Claim
When filing your disability claim, you have a few options. You can file online, through the mail or at the Little Rock Regional Office. To ensure you are filing a strong claim, you need to gather as much supporting documentation and evidence as you can. Consider the following:
- Hospital records
- VA medical records
- Discharge papers
- A written statement about your condition
- Witness statements from fellow service members
Appealing a VA Disability Claim Denial
Did you receive a denial for your VA disability claim? If your claim was denied, you can use what is called a Notice of Disagreement to appeal part or all of the decision.
Once you submit the Notice of Disagreement, the Decision Review Officer will either determine there is not a sufficient amount of evidence to accept your appeal or they will approve your appeal. If your appeal is not successful with the Decision Review Officer, you can take your appeal to the Board of Veterans’ Appeals.
Our nationally recognized law firm fights for veterans throughout the state to recover VA service connected compensation they need after a claim denial. Contact our firm to discuss your appeal during a free consultation.
Cities We Serve
- Little Rock
- Fort Smith
- Fayetteville
- Springdale
- Jonesboro
- North Little Rock
- Conway
- Rogers
- Pine Bluff
- Bentonville
Call Our Arkansas Disability Lawyers for a Free Consultation
If you need help getting the disability benefits you need, contact our firm today. At Tucker Disability Law, we can help you understand your legal options and fight for the benefits you deserve. Use the expertise of our disability attorneys to make the insurance companies and government pay. Contact us at (866) 282-5260 to schedule a free consultation to discuss your case.
