Our Oklahoma Disability Lawyers Can Help You Recover Disability Insurance Benefits or VA Benefits
According to the Centers for Disease Control (CDC), nearly 34 percent of adults in Oklahoma have some type of disability. To put this into perspective, the national average of adults living with a disability is 25.6 percent. If you have a disability, you should be able to expect that you can get the disability insurance benefits or veterans benefits you need. Unfortunately, it does not always happen easily. That is where we come in. Whether you need help getting disability insurance benefits or appealing a VA claim denial, contact Tucker Disability Law. Speak with one of our Oklahoma disability lawyers about your legal options during a free consultation.
Disability Insurance Claims
Disability Insurance Through Your Employer or Group
Do you have disability insurance through your employer or group? If so, it is likely covered by the Employee Retirement Income Security Act (ERISA). ERISA is a federal law that employers must follow if they offer employee benefits. We handle ERISA claims, appeals and lawsuits nationwide. Our disability insurance attorneys can help you from the beginning of your claim.
Individual Disability Insurance in Oklahoma
If you have individual disability insurance, then ERISA does not apply to it. Rather, Oklahoma’s contract and insurance laws apply instead. Your policy will also determine how to file, appeal or litigate your claim.
The Disability Insurance Claim Process
Are you starting your disability insurance claim? Are you dealing with a claim denial? Either way, our Oklahoma disability attorneys may be able to help.
How you file, appeal and litigate an insurance disability claim depends on whether your policy is under an individual plan or an ERISA plan. We discuss the claims process below:
- File your initial claim. You should discuss your situation with a disability insurance attorney before you file. An attorney can help you gather evidence for your claim and make sure you have everything you need to file.
- Investigation by the insurance company. Your insurance company will conduct an investigation after you file your disability insurance claim. They may also ask you to take a Functional Capacity Evaluation or FCE. An FCE is an exam that evaluates your limitations and restrictions.
- Insurance company’s decision. The insurance company will either grant or deny your claim. If they grant your claim, then you will start receiving disability insurance benefits.
Was Your Disability Insurance Claim Denied?
If your insurance denied your claim, you can appeal it. The appeals process depends on whether you have individual disability insurance or an employer or group plan.
Appeal an ERISA Disability Insurance Claim Denial
Under ERISA, you generally have 180 days to appeal a claim denial. Know that you must file an appeal with your insurance company before you can file a lawsuit. It is important to have an experienced lawyer on your side during the appeals process. You cannot introduce new evidence if your case goes to trial. The court will make a decision based on the evidence filed with your initial claim and your appeal.
Appeal an Individual Disability Insurance Claim Denial
If you have an individual plan, then you may or may not have to file an appeal with your insurance company. Generally, you can go ahead and file a lawsuit. However, your policy may state that you must file an appeal with them first.
File an Individual Disability Insurance Lawsuit
Like the appeals process, how you file a disability insurance lawsuit depends on the type of disability insurance you have. The statute of limitations to file an individual insurance disability lawsuit in Oklahoma is five years. But, you should read your policy carefully for a limitations clause. Your policy could state a much shorter deadline.
When tried, an individual disability insurance claim is usually heard by a jury in state court. You may add more evidence to your case and use witness testimony.
File an ERISA Disability Insurance Lawsuit
ERISA lawsuits occur in federal court. These trials do not include a jury or witness testimony. The court determines its decision based on the evidence and materials provided within your initial disability insurance claim and your appeal.
VA Disability in Oklahoma
If you are a veteran and you need disability benefits, there is a system in place to help you get these benefits. We recommend that you begin the process as soon as you can. Often, obtaining veterans benefits is a long process.
Oklahoma VA Resources
- Muskogee Regional Office in Muskogee
You can find more VA resources in Oklahoma through the VA website.
How to Win VA Disability Benefits in Oklahoma
Generally, for a successful claim, you must:
- Show proof that you served
- Receive a diagnosis of disability from a medical professional
- Have a disability rating from the VA for a service-connected disability
- Prove that your service brought about or worsened your disability through medical evidence
File a VA Disability Claim
The first step in receiving veterans’ benefits in Oklahoma is to file a claim with the VA. You can file a VA claim online, through the mail or in-person at the Muskogee Regional Office.
It is important to note that you cannot hire an attorney to help you file the initial application. However, you can use the help of a Veterans Service Representative affiliated with the Oklahoma Department of Veterans Affairs. We recommend that you contact one during the initial claim process.
Appeal a VA Disability Claim Denial
If the VA denies your benefits, then you can appeal part or all of the decision. You begin the appeals process by filing a Notice of Disagreement (NOD). A NOD tells the VA of your intent to file an appeal to the Board of Veterans Appeals (BVA).
How a VA Disability Lawyer Can Help After a VA Claim Denial
We can assist you throughout the entire appeals process. Our Oklahoma disability lawyers can review your claim file and help you understand your likelihood of success. We can also help you file your NOD and gather more evidence for your claim. Once we file your appeal, we can monitor it and represent you in further proceedings.
Cities We Serve in Oklahoma
Tucker Disability Law represents clients throughout the entire state of Oklahoma. Cities we serve include:
- Oklahoma City
- Tulsa
- Norman
- Broken Arrow
- Edmond
- Lawton
- Moore
- Midwest City
- Stillwater
- Enid
- Muskogee
Contact Our Oklahoma Disability Lawyers Today
If you need help obtaining disability insurance benefits or VA benefits, please contact Tucker Disability Law. Our Oklahoma disability attorneys can help you understand your best legal options. Call us at (866) 282-5260 to schedule a free initial consultation. We look forward to discussing your situation and determining whether we can help you.
