Our Missouri Disability Lawyer Can Help You Get the Benefits You Need
In a study from Cornell University, researchers claim that 15 percent of non-institutionalized Missourians of all ages have a disability. That means for every 20 people in our state, three may have difficulty performing the tasks necessary to keep a job. But many of these individuals were not born with such disabilities, which means they may need the help of a Missouri disability lawyer.
For instance, an individual could sustain a disabling injury during an auto accident or by falling down stairs. If this happens, that person may be unable to perform his or her job and make a living. Therefore, many workers in our state purchase long term disability insurance. These policies help cover part of the income lost due to a disabling injury.
In addition, many individuals sustain disabling injuries in the military. There is a system in place for veterans to claim and obtain disability benefits.
However, claiming these benefits can be complex and difficult. An experienced Missouri disability lawyer may be your best option when it comes to getting the benefits you need. Here are the ways that Tucker Disability Law can help.
Disability Insurance Claims
Long Term Disability Insurance Purchase Through Employers or a Group
Did you acquire disability insurance through your employer or a group such as a union? Then your policy is most likely governed by the Employee Retirement Income Security Act of 1974 (ERISA). This federal law protects the interests of workers across the nation. However, getting benefits from an ERISA claim can be difficult.
Despite the protections ERISA provides, claimants will need strong evidence and flawless paperwork to get disability insurance benefits. At Tucker Disability Law, our Missouri disability lawyers can help you with every stage of the ERISA process. Even if the insurance company denies your claim, we can even help you file an appeal or a lawsuit against the insurer.
Do you have more questions about ERISA? Review our ERISA FAQ page for more of the answers you need. You can also reach out to our attorneys at (866) 282-5260.
Private or Individual Disability Insurance Policies
If you are self-employed or your employer does not offer long term disability insurance, you still have options. Many companies offer disability insurance policies, but these policies are not governed by ERISA. Instead, Missouri state insurance law applies to these individual or private insurance policies.
How Do I File a Disability Insurance Claim?
In most cases, your insurance policy outlines how you must file a disability insurance claim. This process is usually complex and can lead to the denial of benefits. However, a denial is not the end of the process.
The next step is the appeals process. Once again, your insurance policy dictates this process, which may have several levels. At the end of the appeals process, if your insurer continues to withhold your benefits, you may be able to file a lawsuit.
If your employer provides your long term disability insurance, then you will need to file an ERISA claim. You must file these claims at the federal level, and they require excessive paperwork and evidence. Working with a Missouri disability lawyer can help give you the edge you need to get compensation.
On the state level, if you have exhausted your appeals, you may need to take your insurer to court. In Missouri, when an insurance company unreasonably refuses to grant benefits to a policyholder, it commits vexatious refusal. Missourians who believe they have fallen victim to vexatious refusal must prove that:
- His or her insurer issued an insurance policy in accordance with Missouri Revised Statutes – § 375.420;
- He or she made claim against the insurance company and suffered a loss; or
- His or her insurer denied the claim without proper cause, reason or excuse.
If you meet these criteria, you may be able to recover your benefits as well as claim punitive damages.
VA Disability in Missouri
If you served in the United States armed forces and suffered a disabling injury during your service, the law entitles you to disability benefits. Unfortunately, claiming these benefits can be difficult.
Missouri VA Resources
How to Win VA Disability Benefits in Missouri
According to the Department of Veteran Affairs (VA), a successful disability claim will prove:
- You suffer from a mental or physical disability
- You endured an injury, illness or event that caused or aggravated an injury or disease
- Your condition is connected to, the result of or occurred while you were serving in the military
A successful claim will contain these supporting elements:
- Records from your doctor’s office
- Your discharge or separation papers
- Statements from your family or fellow service members that support your claim
Since the claims process can take months, you should start the process immediately. You can start your claim at your regional VA office or you can fill out an online claims form. No attorney can file this claim for you.
If the VA denies your claim, you have the option to appeal. How you begin your appeals process depends on the date your claim was denied. If your claim was decided before February 19, 2019, then you will first need to file a Notice of Disagreement (NOD). This lets the VA know you intend to appeal its decision.
If your claim was denied after February 19, 2019, then you have three options to appeal: Higher Level Review, Supplemental Claim or a NOD. Though Tucker Disability Law cannot help you file the original claim, our Missouri disability lawyers can help you with every step of the appeals process.
Cities We Serve
- Kansas City
- St. Louis
- Springfield
- Independence
- Jefferson City
- Columbia
- Joplin
- Cape Girardeau
Call Us When You Need a Missouri Disability Lawyer
At Tucker Disability Law, our disability attorneys are nationally recognized for the help we give. We understand the hardships you are facing after suffering a disabling injury. Let us help you sort through the complicated paperwork so you can get the compensation you need and deserve. Call us at (866) 282-5260 for a free consultation or fill out our online contact form today.
