Our Kansas Disability Lawyers Can Help With Your Claim
Having a disability can make it difficult or impossible to work. For 25 percent of the Kansas population, living with a disability is a part of life. Some of these folks suffered an accident or illness that led to their current condition. Others may have suffered a disability as a result of injuries suffered during wartime. Both groups of people may require disability benefits that can help cover basic living expenses. This is because living with a disability can make it very difficult to perform a job. At Tucker Disability Law, our Kansas disability lawyers have a commitment to ensuring you have access to these vital benefits.
Unfortunately, it can be very difficult to access disability benefits through a private insurer or the Department of Veterans Affairs. That is where we come in. Our Kansas disability lawyers can help with ERISA and VA appeals. We can also provide some assistance on individual disability claims.
Disability Insurance Claims
ERISA Claims and Group Disability Policies
Some employers offer group long-term disability insurance policies. These policies, and other group policies offered by private employers, are covered by the Employee Retirement Income Security Act of 1974 (ERISA). ERISA is a federal law that likely governs your group insurance policy, if you have one.
You must follow the procedure outlined in your policy to file a claim for disability benefits. However, if you receive a denial, then you must go through procedures outlined by your policy and ERISA.
Individual Disability Insurance Policies in Kansas
ERISA does not cover individual disability policies. Kansas state law governs these policies. Unlike some other states, Kansas employers are not required to offer group long-term disability insurance. Depending on your employer, you may be stuck purchasing your own policy.
If you file a claim under an individual disability policy, then the insurance company will perform an investigation. The process is the same for ERISA claims, as an insurance company must review the evidence and make a decision.
However, insurance companies may unfairly deny a claim. You can file an appeal if this happens. If the insurance company denies your appeal, then you may need to file a lawsuit to recover benefits.
The Disability Insurance Claims Process in Kansas
Filing Your Initial Claim
Your policy should state how to file a claim for disability insurance benefits. After you file your claim, the insurance company will launch an investigation. You may need to undergo a physical examination in some cases. Medical records and physician statements are additional types of evidence that could factor into your claim.
The Appeals Process
The insurance provider will accept or deny your claim for benefits. If you receive a denial, then your options for filing an appeal differ depending on the type of policy you possess. There are key differences between an ERISA appeal and an individual disability insurance appeal. As already mentioned, state law governs individual claims while federal law handles group policy claims offered by private employers. This also means that your legal options for appealing your claim differ depending on the type of policy you have.
Filing an ERISA Claim Appeal
Appeals can be tricky for ERISA claims. Many lawyers shy away from ERISA claims due to their potential complexity. If the policy provider denies your claim, then you only have 180 days to file an appeal. Your case goes before an administrative judge. You must also exhaust the appeals process before taking additional steps. If you receive a denial, then you should contact an attorney to discuss your next steps. Evidence is crucial during an appeal, and an attorney can help you compile the evidence and meet important filing deadlines. You can contact a Kansas ERISA attorney at our firm to learn more about the appeals process.
With an individual policy, you appeal your claim and take additional legal action if permitted by the situation. Filing a lawsuit may be your only recourse to recover benefits.
VA Disability in Kansas
If you are a veteran with a disability, then you may be able to file a claim with the Department of Veterans Affairs (VA). Instead of working with a private insurance provider, you would pursue benefits through the VA. Disability benefits can help you pay for life expenses due to an inability to work. There are several state offices that can assist you with your claim.
VA Resources in Kansas
You may have an easier time filing an initial claim if you work with one of the following state agencies:
How to Win VA Disability Benefits in Kansas
There are different ways to apply for benefits, depending on the type of benefits you seek. If you opt to use the Veterans’ Service Commission, then a Veteran Service Representative (VSR) may assist you with your claim. However, there are requirements for filing a claim. You must receive a diagnosis from a physician stating your disability and you must demonstrate the condition is directly related to your service.
Appealing a VA Disability Compensation Claim Denial
If your VA disability benefits are denied, then you must go through additional steps. Depending on your situation, there are different forms you may need to file to appeal your claim. We strongly encourage you to contact our Kansas disability lawyers if you received a denial of benefits from the VA. Our attorneys may be able to help you with the appeals process.
Cities We Serve
- Wichita
- Overland Park
- Kansas City, Kansas
- Topeka
- Olathe
- Lawrence
- Shawnee
Contact Our Kansas City Disability Lawyers
Tucker Disability Law is a Florida-based disability law firm that can assist with ERISA and VA disability appeals nationwide. We also offer certain types of assistance on individual disability policy appeals, including in Kansas. Our Kansas disability lawyers can help you compile evidence, meet important deadlines and argue your case.
Reach out to us if you have questions about the appeal process. You can reach us by dialing (866) 282-5260 or by using the contact form on our website.
