Contact a New Jersey Disability Lawyer for a Free Consultation
Is an illness or injury preventing you from working? If you need to receive long term disability insurance benefits or appeal a VA disability compensation claim, then a New Jersey disability lawyer can help.
At Tucker Disability Law, our nationally recognized disability lawyers will offer you advice on how to best recover your deserved benefits. We are always willing to discuss your case during a free consultation.
Disability Insurance Claims
Employer or Group Disability Insurance in New Jersey
Many people in New Jersey receive disability insurance from their employer. Others pay for coverage under an employee’s group disability plan. In both situations, the plans are governed by the Employee Retirement Income Security Act (ERISA).
Both long term disability and short term disability insurance claims are affected by ERISA. Therefore, you should contact a New Jersey disability attorney to discuss every aspect of your ERISA claim.
Individual Disability Insurance in New Jersey
While employer or group disability insurance is governed by ERISA, individual disability insurance in New Jersey is not. Therefore, it is governed by the contract laws and insurance policy of the state. The disability lawyers at Tucker Disability Law can provide you with more information about the details included in the law.
The Disability Insurance Claim Process
Disability insurance is often a lifesaver for both New Jersey residents and their families. However, navigating the legal process associated with disability insurance claims can be a difficult task. Fortunately, our nationally recognized firm can guide you throughout the entire process.
- Filing an initial claim. The first step starts with completing the required claimant forms. However, there are several differences between filing for group or disability insurance benefits. Therefore, you should listen to the advice of our long term disability lawyers in New Jersey before making any final decisions.
- Insurance company investigation. After filing, the insurance company will investigate your claim forms, medical records, physician’s forms and any other relevant evidence.
- The appeals process. If the insurance company chooses to deny your disability claim, then you have the option of filing an appeal. However, the appeals process will differ depending on whether you have group or individual disability insurance coverage.
- Filing a lawsuit. If your appeal is denied, then you can file a lawsuit against the insurance company. A New Jersey disability lawyer at Tucker Disability Law can offer you advice and help you protect your rights as a disabled person.
VA Disability in New Jersey
In New Jersey, injured veterans that are unable to work may be eligible to receive VA disability benefits. However, the process for receiving these benefits is difficult and can take a long time. Therefore, you should begin the claim process as quickly as possible. If you have received a VA disability compensation claim denial, then the New Jersey disability lawyers at our firm will answer your questions about the appeals process. As always, we welcome discussing your VA disability compensation claim during a free consultation.
State Resources
How to Win VA Disability Benefits in New Jersey
To successfully win a VA disability compensation claim, there are several boxes that you must check. According to the VA, you must have:
- Received a disability rating of a service-connected condition
- Served in active duty or inactive duty training
- Become injured or ill while serving or made an existing injury worse
If you have proof that these standards are met, then you can file a claim through several channels. You can file online, through the mail or in-person at a regional office.
Appealing a VA Disability Compensation Claim Denial
If your VA disability compensation claim has been denied, then there are certain forms that must be filed to properly appeal part or the entire decision of your claim. If your claim was decided before February 19, 2019, then you should file a Notice of Disagreement within a year of the Rating Decision date. However, if your claim was decided after the February 19 date, then there are three types of appeal forms that you may file. These appeals include:
- Higher level review
- Supplemental claim
- Notice of disagreement
If you are filing one of these forms, then we recommend discussing the new appeal options with our attorney. A VA disability attorney can help you decide which appeal option is best for your situation.
After you file, based on your provided evidence, you will either be granted or denied your appeal. If you receive a denial for your appeal or your initial claim is denied, then you can rely on the attorneys at Tucker Disability Law to help you figure out your next steps. Take advantage of our free consultation to discuss your appeal.
Cities We Serve
- Newark
- Jersey City
- Paterson
- Elizabeth
- Lakewood
- Edison
- Woodbridge
- Toms River
- Hamilton Township
- Clifton
- And more
Contact a New Jersey Disability Lawyer Today
If you are unable to receive the disability benefits you need, then reach out to Tucker Disability Law today. Our firm is nationally recognized and can offer you advice on how to handle your claim. We have the expertise to fight insurance providers and the government for the benefits you deserve. Call us today at (866) 282-5260 for a free consultation to discuss your case.
