You May Need Help From Our Iowa Disability Lawyers
The State Data Center of Iowa reports that 11.7 percent of Iowans claim to have a disability. That is nearly 366,000 individuals who have trouble doing the daily tasks many of us take for granted. If you sustain a disabling injury, you too could find yourself struggling from day-to-day or unable to work. Due to this risk, many working individuals will purchase disability insurance. These policies help ensure a steady income for workers who sustain a disabling injury. But insurance companies are for-profit businesses, and so they often deny honest disability insurance claims made against their policies.
In addition, many veterans sustained disabling injuries in the military. There is a system in place for veterans to claim and obtain disability benefits. Even so, it is difficult to get the disability benefits you need and deserve.
Our attorneys are nationally recognized. We know how to help you get the compensation you need after suffering a disabling injury. Call Tucker Disability Law today, and our Iowa disability lawyers can help you understand your legal options.
Disability Insurance Claims
Group Disability Insurance Policies
Do you have a disability insurance policy through your employer or a group such as a union? Then it is likely that ERISA governs your insurance policy. Established in 1974, ERISA stands for the Employee Retirement Income Security Act. This legislation protects the interests of workers across the country, but it does not always work that way. Complex paperwork, long wait times and constant claims denials make it difficult for policyholders to claim their disability insurance benefits.
Consequently, policyholders often need the help of experienced disability lawyers. The Tucker Disability Law can help provide you with such counsel.
If you have more questions about ERISA, get answers from our ERISA FAQs page.
Individual and Private Disability Insurance Policies
If you have purchased a short term (STD) or long term (LTD) disability insurance policy without the aid of your employer, ERISA may not cover your insurance policy. In these cases, Iowa state law will guard your interests.
What Is the Disability Insurance Claim Process?
If you sustain an injury and can no longer perform the necessary tasks of your chosen profession, then you may need to file an disability insurance claim. Your disability insurance policy will outline the procedure for filing such a claim.
This process often includes filling out forms, submitting medical records and undergoing functional capacity evaluations (FCE). During an FCE, a representative of the insurance company may interview you, or a doctor may administer a physical examination.
Despite this rigorous process, insurers may still deny your claim. The reasons for a denial often include:
- Incorrectly filling out forms
- Insufficient evidence
- Misstatement made during an FCE
Thankfully, the denial of your claim is not the end of the process. Your disability insurance policy should also outline the process for appealing that denial. When you reach this stage of the process, it is important to note how you purchased your insurance.
If you purchased your disability insurance through your employer, union or other groups, then you will need to follow ERISA guidelines moving forward. According to ERISA, you must first exhaust your institutional appeals before filing an ERISA claim. If your claim is still denied despite submitting to the insurer’s appeals process, you may file an ERISA claim. You must file this type of claim on the federal level, so you could find yourself arguing your case in federal district court.
If you purchased an individual STD or LTD policy, without the help of a group or employer, you will need to file a claim with the Iowa Insurance Division. Specific rules and procedures apply during this process. Consulting an Iowa disability attorney may be the best option if you find yourself in this position.
Can Iowa Disability Lawyers Help With a VA Disability Claim?
If you are a member of any branch of the military, then you may qualify for disability benefits from the Department of Veteran Affairs (VA). However, claiming these benefits is not an easy task.
Iowa VA Resources
How Do I Win VA Disability Benefits in Iowa?
In order to claim disability benefits from the VA, you must prove that:
- You suffer from a mental or physical disability,
- You suffered an injury, event or illness that aggravated or caused a disease or injury, and
- Your condition must be a result of your service in the military.
To prove these claims, you will need to provide several forms of evidence. These supporting elements include:
- Discharge or separation papers
- Medical records
- Statements from fellow service members and/or family members who can support your claims
If your claim is denied, you can appeal it. How you begin the appeals process depends on the date of your claim decision. An Iowa disability lawyer from Tucker Disability Law can help you during this appeals process. However, it is important to note that no attorney can help you file your initial claim.
Since it can take months or longer to claim disability benefits from the VA, we recommend starting the process as quickly as possible. You can do so at your regional VA office or you can fill out an online claims form.
Cities We Serve
- Des Moines
- Cedar Rapids
- Davenport
- Sioux City
- Iowa City
- Waterloo
- Council Bluffs
Our Iowa Disability Lawyers Are Ready to Help
When it comes to disability insurance, just because you pay a premium does not mean you will get your benefits. Insurance companies are more concerned with their bottom line than providing the coverage you need. That is why the Iowa disability lawyers at Tucker Disability Law fight for your rights. You deserve the benefits you paid for, and we want to help you claim them. Call (866) 282-5260 today for a free consultation, or visit and fill out our online contact form.
