Our Montana Disability Attorneys Can Help With Your Appeal
Disabilities keep millions of people in the United States from being able to secure regular income. In fact, many people with disabilities have a difficult time maintaining employment. For some folks, an injury or illness can lead to major financial problems. Fortunately, many employers offer group long-term disability policies that can help cover income while suffering from a disability. Individual policies may offer similar benefits. Veterans can also receive assistance from the Department of Veterans Affairs (VA) if they are eligible. However, our Montana disability attorneys know from experience that it can be difficult to recover these benefits.
Tucker Disability Law is a disability law firm that assists with ERISA and VA appeals nationwide. We can also offer certain types of assistance involving individual disability policies. You can contact us to learn more about these services.
Disability Insurance Claims
ERISA Claims and Group Disability Policies
ERISA, formally known as the Employee Retirement Income Security Act of 1974, covers many types of benefits policies offered by private employers. If you have a group long-term disability insurance policy through a private employer, then it is most likely covered by ERISA. This law provides you with certain protections, and also imposes specific responsibilities on your employer.
ERISA comes into play if you file a claim and receive a denial of benefits, and then decide to file an appeal. An ERISA attorney in Montana could go over the specifics of how the appeals process works. Although our disability law firm is located in Florida, we offer assistance on ERISA appeals nationwide, including here in Montana.
Individual Disability Policies in Montana
You may also purchase an individual disability policy in Montana. Unlike ERISA, individual policies fall under Montana state law. In Montana, employers do not have to provide disability insurance.
If you file a claim under an individual policy, then your options for filing an appeal and taking additional legal steps falls under state and not federal law. This means that state law, not federal law, comes into play if you reach the appeals process and beyond.
The Disability Insurance Claims Process in Montana
Filing Your Initial Claim
Your insurance policy should outline how to file a claim, regardless of whether you have an individual or ERISA policy. However, you must demonstrate that you currently suffer from a disability. You may provide evidence with your claim that includes:
- Medical records
- Financial records
- Independent medical exam records
Filing an Appeal After a Claim Denial
Once you file a claim, the insurance company investigates the available evidence and makes a decision. It can take weeks or months before you receive an approval or denial notice. If you receive a denial, and wish to file an appeal, then your options differ depending on whether you have an individual or group policy through a private employer.
ERISA comes into play if you are filing an appeal for a group disability insurance policy, whereas state law covers individual policies you purchase on your own.
You only have 180 days to file an appeal for an insurance policy under ERISA’s umbrella. There are additional requirements. You must also exhaust the appeals process before you can take further legal action against the insurance provider. After exhausting the appeals process, you may be able to file a lawsuit to recover benefits. Your case would go before an administrative judge.
The rules are different if you purchased a disability policy on your own. You would appeal the claim, and if necessary, file a lawsuit against the insurance provider. Contact our Montana disability lawyers for more information on the appeals process.
VA Benefits in Montana
Employees and individually insured Americans are not the only groups of people who can seek disability benefits. You may also have options if you are a veteran who left the military in good standing. However, it is difficult to recover benefits through the VA, and we highly suggest you consider using state resources to file your claim.
VA Claim Assistance in Montana
Consider using the following state and federal agencies to file a claim with the VA:
Filing a VA Claim for Benefits
There are several requirements for filing a VA claim for benefits in Montana. If you left the military in good standing and can demonstrate that you have a qualifying disability tied to your service, then you may be able to recover benefits.
Appealing a VA Disability Compensation Claim Denial
If the VA denies your claim, then your options for recovering benefits can vary. You may need to fill out various forms depending on the circumstances of your case. The appeals process can be difficult and confusing for most people, so we encourage you to contact us if you need assistance filing an appeal.
Cities We Serve
- Billings
- Missoula
- Great Falls
- Bozeman
- Butte
- Helena
Contact Our Montana Disability Attorneys
Our Montana disability attorneys can help with appeals for benefits. If you are filing an appeal for an ERISA or VA claim, then you can contact us to learn more about how we can help. We also offer certain assistance involving individually purchased disability policies. Contact us by dialing (866) 282-5260 or using the contact form on our site.
