Do You Need to Recover Disability Insurance Benefits or VA Benefits? Call Our California Disability Attorneys
A disabling injury can affect a person’s entire life. He or she may suffer physically, be forced to leave work and have no way of paying the bills. If this situation is similar to your own, then you may be eligible to file for disability insurance benefits in California. However, many people are unfairly denied benefits after filing a claim. When this happens, our California disability attorneys will help you file an appeal.
There are several kinds of disability insurance in California. The rules for each can be complex, confusing and aggravating to understand. They include:
Disability Insurance Claims
Employer or Group Disability Insurance
Group disability insurance is coverage provided by your employer or union after you become disabled and can no longer work. If you have a group disability insurance policy, then ERISA governs your policy.
It is important to note that ERISA does not cover government plans. Policies purchased on an individual basis are also not covered under ERISA. Instead, the primary goal of this federal law is to prevent employers from mismanaging employee benefits
If you find yourself needing more coverage than what your employer is willing to offer, then you have two options. You can either file an appeal or request a review of the denial decision. If this is unsuccessful, then you can bring a lawsuit to recover your benefits.
Individual Disability Insurance
Individual disability insurance is coverage purchased without the assistance of your employer. ERISA does not cover these kinds of policies. Therefore, California law, specifically California contract law and the California Insurance Code govern individual disability insurance policies. An attorney can help you throughout the entire claims process.
The Disability Insurance Claims Process
Here are the steps involved in the disability insurance claims process in California:
- Filing your initial claim. The first step involves filing a disability insurance claim. However, there are key distinctions between claims involving group disability and individual disability insurance. Our disability lawyers in California can help you understand the differences between the two.
- Insurance company investigation. After filing, the insurance company will investigate and assess your claim. Having an attorney present during this stage of your claim can prevent you from having your rights violated.
- The appeals process. If your disability claim is denied, then you are eligible to file an appeal. There are key differences between the appeals process for group disability and individual disability insurance claims. Our California disability attorneys can provide you with more information about these differences.
- Filing a lawsuit. If your appeal is unsuccessful, then you can file a lawsuit to recover your benefits. An experienced disability insurance attorney is more than capable of helping you develop a sound legal strategy.
VA Disability in California
California provides disability benefits to veterans that are disabled and can no longer work. Unfortunately, many deserving veterans apply for benefits and are subsequently denied. When this happens, you should know about the resources that can help you fight back.
State Resources
Disabled veterans in California have access to several resources that they can take advantage of when filing for disability benefits. For example, the Veterans Benefits Administration (VBA) has compiled a list of regional offices located in each state, along with additional facilities. There are three regional offices in California:
Servicemembers can also visit the California Department of Veterans Affairs to learn more about the benefits offered to disabled veterans.
How to Win VA Disability Benefits in California
There are two primary things you must prove in order for your claim to be successful:
- A current diagnosis of a disabling condition
- Your condition resulted from an event, injury or illness related to military service
To receive your veteran disability benefits, you can file a claim through an online application. You can also file through the mail or go to your local regional office and turn in your application in person.
If you want to appeal a VA disability claim denial, then you must begin by filing a Notice of Disagreement (NOD) with the VA. A NOD notifies the VA of your intent to file a formal appeal.
Remember, the approval of your application could take months or even years. If the government denies your claim, then the appeals process typically lasts between 12 to 18 months. Therefore, any mistake on a form could result in a devastating setback. Relying on our VA disability lawyers in California can help you avoid costly mistakes.
Cities We Serve
We represent individuals who need to receive disability insurance benefits across California. The cities we serve include:
- Los Angeles
- San Diego
- San Jose
- San Francisco
- Fresno
- Long Beach
- Sacramento
- Oakland
- Santa Ana
- Anaheim
Contact Our California Disability Lawyers
At Tucker Disability Law, our lawyers offer advice to individuals pursuing disability insurance benefits in California. If you have any questions, then contact our California disability attorneys today at (866) 282-5260 to schedule a free consultation. We can help you navigate the regulations threatening your rightful compensation.
