Need Help Recovering Your Disability Benefits? Speak With an Arizona Disability Attorney at Our Firm
According to the Centers for Disease Control and Prevention (CDC), 25.8 percent of adults in Arizona have some type of disability. That is a greater percentage than the national average. If you are an Arizonan with a debilitating illness or injury, then it could be life-changing to receive the disability benefits you need.
If you need help appealing a VA disability compensation claim denial or seeking long term disability insurance benefits, then call to speak to an Arizona disability attorney with our firm. At Tucker Disability Law, our firm is nationally recognized for our ability to fight the government and insurers on behalf of our clients. Learn more about how our law firm can help you with your case.
Disability Insurance Claims
Employer Disability Insurance
Employer disability insurance is insurance provided to a worker by an employer or union. While disability insurance policies will all differ from one another, all policies are governed by the Employee Retirement Income Security Act (ERISA). ERISA is a federal law that provides employees with a number of protections. As many individuals are insured through their employer, ERISA has a significant impact on short and long term disability insurance claims across the country.
Do you need to file, appeal or litigate your claim? Our attorneys can help you understand how to handle your ERISA claim.
Individual Disability Insurance
Individual disability insurance is a policy an individual purchases directly from an insurance provider. This is often the case if an insured person is self-employed, an individual’s employer does not provide these benefits or for supplemental coverage.
If you have a private or individual disability insurance plan, then your plan is not subject to ERISA. Your insurance policy and Arizona state insurance laws will determine how you handle your claim.
When handling a disability insurance claim, it is important to speak to an experienced Arizona disability attorney for help filing, appealing or litigating your claim. Experience with this type of claim and knowledge of the state insurance code are factors that can significantly contribute to the outcome of your claim.
The Disability Insurance Claim Process
The disability insurance claim process can be complicated and difficult to navigate successfully without help. That is why our firm wants to be your guide through this process. Below, we provide an outline to help get you started.
Filing Your Initial Claim
When you start the disability insurance claim process, you generally begin by filing a claim. At this stage, it is crucial to understand that the process for filing a claim under a group or individual disability insurance policy is different.
If you have questions about your claim at this initial stage, then consulting with an Arizona disability attorney can place you on the right track. A law firm, such as ours, will be able to help you with the following:
- Ensure your application is completed properly
- Gather strong evidence
- Submit your claim with sufficient documentation
- Account for all other details within your initial claim
After you file, your insurer will complete their investigation. During this investigation, they request that you take a Functional Capacity Evaluation (FCE). An FCE is a physical test that helps indicate what an individual is capable of doing. If your insurer asks you to take an FCE, then we recommend contacting your attorney. The insurance company may use the FCE to deny or undervalue your claim.
When the investigation is completed, your insurer will either approve or deny your disability insurance benefits. At this stage, you have the option to appeal your claim if your insurance company denied or undervalued your benefits.
The Appeals Process
Are you considering filing an appeal for your disability insurance benefits? When appealing your claim, it is important to understand there are differences between appealing group and individual disability insurance claims. The appeals process may also differ based on your insurance policy.
Although it is not required, we recommend filing a long term disability appeal with the help of an Arizona disability attorney. An attorney will guide you through preparing and filing your appeal. This will include helping you:
- Meet strict deadlines
- Gather and provide witness evidence
- Provide documentation of your limitations and restrictions
- Obtain testing and provide proper reports from experts
Filing a Lawsuit
In the event that your appeal is denied, you have the option to file a lawsuit as a means to recover the benefits you deserve.
Do you have questions about litigating your disability insurance claim? Our firm can help you fight for your benefits and litigate on your behalf. Our attorneys have a reputation for being aggressive litigators against insurance companies on behalf of our clients.
VA Disability in Arizona
In the state of Arizona, veterans who are unable to work due to an injury or illness can apply to receive benefits. However, it could take a long time to recover the benefits you need. For this reason, we recommend starting the application process as soon as possible.
Below, we provide a guide to successfully lead you through the process. If you receive a VA disability compensation claim denial after you have filed your claim, then contact our disability lawyers for help appealing the decision.
State Resources
- Phoenix Regional Office in Arizona
How to Win VA Disability Benefits in Arizona
Before you file your VA disability claim, review the eligibility criteria to understand whether or not you are eligible to receive benefits. Do you meet all of the eligibility criteria? If so, then your next step is to begin filing your claim.
When you file your disability claim, this can either be done at a regional office or online. Building out your claim will require gathering evidence and supporting documentation. This can include:
- Private medical records
- VA medical records
- A written statement about your condition
- Discharge papers
- Witness statements from fellow service members
It is important to note that it is not possible for a disability lawyer to help you file your VA claim. However, if your claim is denied, then you can get help from an attorney to file your VA appeal.
Appealing a VA Disability Compensation Claim Denial
Was your VA disability compensation claim denied? The VA does not make it easy to recover disability benefits. If you receive a denial for your VA disability compensation claim, then our lawyers can help with the following:
- Filing your Notice of Disagreement (NOD)
- Gathering evidence for your claim
- Filing the appeal
- Monitoring your case
- Representing you during all proceedings
Our nationally recognized firm offers advice on helping Arizona veterans recover VA service-connected compensation. Contact our firm to discuss your appeal during a free consultation.
Cities We Serve in Arizona
Our disability lawyers in Arizona counsel clients throughout the state. The cities we serve include:
- Phoenix
- Tucson
- Mesa
- Chandler
- Scottsdale
- Glendale
- Gilbert
- Tempe
- Peoria
- Surprise
Contact an Arizona Disability Attorney for a Free Consultation
Do you need help recovering VA disability compensation benefits or disability insurance benefits? At Tucker Disability Law, we have more than 40 years of combined experience and are equipped with the resources to simplify the claims process for you. Our nationally recognized firm can help you win the benefits you deserve. Contact us today to discuss your case. You can schedule a free consultation by calling (866) 282-5260 or by submitting an online form.
