Archives for February 2019

Hiring a Houston Attorney for Aetna Disability Claims

February 28, 2019 by

Hiring an attorney is more than getting legal counsel—it’s about finding an advocate for yourself in a difficult situation. Whether it’s an accident, a divorce, or a disability claim, an attorney works with you to get through the process, protect your interests and your rights.

Aetna Disability Claims attorney Houston

You may have purchased an Aetna policy through your employer; many policyholders do. But most people don’t have the resources to fight a large, multinational company with a team of attorneys on its side without some help of their own. The company may deny your Aetna disability claims outright, hoping you’ll give up and go away. If you’re having trouble with a short-term or long-term disability claim through Aetna, an attorney will make sure that your application and claim are done correctly.

Bad Faith Practices

Despite the advertisements, insurance companies are in business to make money. Paying claims is not conducive to being profitable, so claims adjusters are eager to deny claims. This is known as “bad faith insurance practices.” They can include:

  • Denying valid claims and refusing to explain why
  • Underpaying or delaying a claim
  • Misrepresenting facts or provisions of a policy
  • Refusing settlement for a valid claim

The “Paper Review”

If you’ve received a determination that you are able to go back to work, and your benefits have been terminated, it may be due to a “medical review” by one of Aetna’s doctors. The review is simply an “examination” based on paperwork, and no physical examination by a company doctor. The company uses a “paper review” of a client’s files, and makes a decision about their Aetna disability claim from there.

Because Aetna’s physicians conduct this “paper review,” there is a conflict of interest. This is especially obvious in Mendez v. FedEx Express and Aetna, a case where Aetna blatantly denied a client benefits even after he received SSDI benefits and Aetna began offsetting his Long Term Disability benefits as the policy dictates. At no time did any of the physicians actually meet with the plaintiff in person, and disregarded complaints of severe pain and disablement noted by his own treating physicians. Two physicians decided based on his file that he could work 25 hours a week or more, without consulting with the plaintiff’s own treating physicians. The court found in favor of Mr. Mendez.

This is just one of many cases where Aetna (and companies like them) work to deny your benefits.

How An Aetna Disability Claims Attorney Can Help

If you’ve been scrambling through Aetna’s hoops trying to make sure you meet their deadlines and answer all their questions, only to be denied, you’re already at a disadvantage. You have 180 days to appeal the denial, so the time to contact an attorney is now. If you miss the 180-day deadline, you’ll lose your rights under the claim and may have to re-file. Contact an attorney who works with Aetna disability claims immediately.

How much might this cost? An Aetna disability claims attorney generally receives about 25% of any back pay you receive, up to $6,000. You won’t owe any money until we win your case.

If you didn’t have legal help with your original disability application, don’t leave things to chance. The process can take many months, and in some cases, years. Get started now.

Herren Law Fights Aetna For Your Benefits

Let us help you with your Aetna disability claims appeal and help you get the benefits you deserve. Request a copy of your claim file from Aetna, and bring it with your denial letter to Herren Law to begin your appeal right away.

We’ve worked with Aetna customers before, and are ready to help you with your claim. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges.

Filed Under: Long Term Disability Tagged With: , , ,

Where Can I Get Assistance Filing A Veterans Disability Claim In Houston, TX?

February 25, 2019 by

Filing a Veterans disability claim is often a difficult process that can be extremely frustrating and irritating. If you’ve had about enough of the VA and their endless forms and phone calls, you may realize that it’s time to ask for help. But where?

Veterans don’t have to feel helpless against the VA. Help is available, all you have to do is reach out for it. Here’s a list of some of the places you can contact for help filing a Houston Veterans disability claim.

Filing A Houston Veterans Disability Claim

TexVet.Org

This online referral service is run by Texas A&M, and is a state program for veterans, their families, and the groups that serve them, offering verified information and referral resources.

County Veterans Officers

There are two of these officers in the Houston area. The Veterans County Service Officer Association of Texas’ website here, with additional information. The VCSOAT is a 501c19 non-profit organization.

The Texas Veterans Commission

This Austin-based state agency was created in 1927 to be an advocate for veterans throughout the Lone Star State, to assist them in getting the benefits they’ve earned. Their focus is on nine programs:

  • Claims Representation and Counseling
  • Veterans Employment Services
  • Veterans Education
  • Communications and Veterans Outreach
  • Veteran Entrepreneur Program
  • Health Care Advocacy
  • Veterans Mental Health Program
  • Women Veterans Program
  • The Fund for Veterans’ Assistance

TVC has counselors available statewide to help with claims, appeals, and resources available, with a women’s veteran program available.

AMVETS

This nationwide organization offers veterans free help with claims, even if you’re not a paying member. There are two Houston-area posts, one northeast of the city in Rye, TX, with two points of contact, and additional posts throughout the state. AMVETS offers free assistance for filing Veterans disability claims, veteran healthcare advocates, career assistance and other related services through their National Service Department with a series of National Service Officers.

The Disabled American Veterans (DAV)/DAV Of Texas

If you live in Houston, there are a number of available services to help you file a Veterans disability claim. But what if you live in the outer environs, and can’t get to the VA Medical Center or someplace else?

Headquartered in Lufkin with additional locations in Houston, San Antonio and Waco, the DAV has help available from DAV National Service Officers throughout the Lone Star State. The DAV also has Mobile Service Offices (MSO) that travel to the smaller towns and rural areas for veterans that don’t live in town. These services are provided free of charge to disabled veterans and their families to help them access to benefits and services. Information seminars, outreach programs, employment assistance and other resources (including for homeless veterans) are available upon request, free of charge.

The Wounded Warrior Project

Founded in 2003, WWP was created to serve injured veterans who became injured after September 11, 2001. With an office located in Clear Lake, WWP is both a non-profit and a VA-accredited agency that can help you with both the VA and the DoD to get benefits and services you need. Team members work with veterans to make sure their claims are filed correctly, and through the process. You can also call their Resource Center at 888.WWP.ALUM (997.2586), 904.405.1213, or email at resourcecenter@woundedwarriorproject.org. WWP also offers health and wellness programs, family support, employment assistance and other programs to wounded veterans.

A Veterans Disability Attorney

With all the free help that’s available to veterans, you may not think hiring an attorney is necessary. But if your Veterans disability claim is denied, finding a veterans disability attorney who understands the process can make sure your application and any appeals are handled correctly, and according to the VA’s rules and regulations.

Organizations that work with veterans may be over-worked and understaffed. They may not be able to help with appeals. An attorney who specializes in VA cases is able to take the time to work with you and make sure everything is done properly. You can also speak with your attorney (or a member of staff) when you call to ask about your case.

The best reason to hire an attorney: both the VA and the United States Court of Appeals for Veterans Claims (CAVC) treat an application differently when the veteran is represented by an attorney, increasing your chances for approval or winning on appeal.

Helping Houston’s Veterans

William Herren is a Veterans’ disability attorney who has worked with veterans in the Houston area for more than 30 years to help them get the benefits they deserve. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges. We don’t charge you a fee until we win your case.

Filed Under: Veterans Disability Tagged With: , , ,

Is Diabetes A Veterans Disability in Houston?

February 10, 2019 by

Diabetes is prevalent among veterans, who make up nine percent of the general population. Twenty-five percent of VA hospital patients suffer from varying degrees of diabetes, and many are unable to work because of it. Diabetes is the leading cause of blindness, amputation and end-stage renal disease for most VA patients.

Is Diabetes A Veterans Disability in Houston?

You can apply for disability on the basis of diabetes if it’s service related, and the degree of your disability will depend on the seriousness of your case. The biggest hurdle is establishing the connection between the onset of diabetes and your military service.

Symptoms of diabetes can include:

  • Blurry vision
  • Excessive thirst
  • Fatigue
  • Frequent urination
  • Hunger
  • Weight loss

If you’ve been diagnosed, you should also have your hemoglobin A1C levels checked every three to six months. This test measures blood glucose levels of the previous two to three months.

Two complications from diabetes that affect your ratings are hypoglycemic reactions and diabetic ketoacidosis (DKA.)

In the first, blood glucose levels run very low, frequently as a result of diabetes medication. DKA is a result of a buildup of acids in the blood, and can also be a result of medications. However, occasional episodes of either of these conditions don’t affect your ratings. Frequent hospital visits and diabetes care appointments that indicate severe diabetes that could have an effect on your rating.

Is It Service Connected?

If you served in Vietnam between January 9, 1962, and May 7, 1975, either in the country or on a ship that was in the waters, the VA presumes a service connection. That’s because many veterans who served in Vietnam during this time period were exposed to Agent Orange, a powerful chemical herbicide used to destroy thick jungle foliage. One of the well-documented side effects of Agent Orange exposure is Type 2 Diabetes (also called diabetes mellitus). Because of this causation, Vietnam veterans do not have to prove a service connection.

Outside of the time frame, you will have to establish and prove a distinct connection to your time in the service.

Demonstrating Service-Related Diabetes

Whether you have medical records from the military and/or VA stating this connection, or you’ve since had a diagnosis from a private physician, you must show a documented link.

You’ll need to gather medical evidence in order to show a service connection. These can be medical records from the military, from the VA, or from a private doctor post-discharge.

You’ll need to get a copy of your C-file from the VA and review your records for references to diabetes, pre-diabetes and related symptoms. You should review both your VA and military medical records. You will also need all private, post-military medical records. You’ll use these to show a chain of events that led to diabetes.

Should your diagnosis be within one year of discharge to a compensable degree (at least 10%), it will be presumed to be service-related.

Ratings For Diabetes

The VA rates your condition according to its severity 38 CFR 4.119, Diagnostic Code 7913. Factors such as how much the condition limits your daily activity (such as working) determine your rating. More severe cases and conditions bring higher ratings.

Your monthly compensation will ultimately depend on your combined rating, which could include other conditions. When the VA approves your disability claim, you’ll receive a rating based on the evidence you provided.

As of December 2018, the following is the VA’s schedule of disability benefits:

  • 10 percent rating for disability: $140.05 monthly
  • 20 percent rating for disability: $276.84 monthly
  • 40 percent rating for disability: $617.73 monthly
  • 60 percent rating for disability: $1,113.86 monthly
  • 100 percent rating for disability: $3,057.13 monthly

Helping Houston’s Veterans

Diabetes causes a number of problems, and in some cases, cause you to be disabled.  William Herren is a veterans’ disability attorney who has helped more than 4,000 Houstonians get their benefits. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and we’ll take your case on a contingency fee basis, with no up-front charges. You won’t owe a fee until we win your case.

Filed Under: Veterans Disability Tagged With: , ,
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