Archives for June 2019

Selecting A Houston Long Term Disability Attorney After Receiving A Claim Denial

Dealing with the rules of the long-term disability process can be confusing, at best, and downright frustrating, at worst. At a time when you likely need to rest and take care of yourself, you may find yourself facing a denial of coverage and knee-deep in paperwork, some of which you may not understand completely.

Disappointed man in wheelchair with arm on wheel after a claim denial.

But a denial isn’t the end of everything. Your letter should detail the reason your claim was denied, and how to go about filing an appeal. Pay close attention to the part about appeals—you have a very limited time in which to file that appeal. Once that deadline is passed, you’ll lose your right to appeal, and you may not be able to file again.

This is when you need help. An appeal is the time to select a long term disability attorney.

The Appeals Process

From the day you receive your denial letter, you will have a specific period of time to file an appeal. This period is usually 180 days, but it may not be—read your letter carefully. Once that deadline passes, your claim will be over.

During the appeal period, you will have the opportunity to gather additional evidence to support your claim. This can include medical records, test results, letters from a treating physician, functional capacity evaluation and vocational expert reports, and other relevant information. Your attorney can help you through the appeals process, and advise you on what information to obtain in order to go forward.

What’s In Your Insurance File?

The only way to find out is to request copies of your insurance file and find out for yourself. The insurer won’t hand it over unless you ask them to.

Once you see what’s there, you’ll be able to offer additional evidence and documentation to not only support your claim, but correct any factual mistakes that may negatively impact your claim. Your attorney can advise you on what kind of information you’ll need to add to the file in order to support your claim.

Getting An Attorney Who Knows And Understands Disability Law

When you’re dealing with a disability and with an insurance company, you’re already under a large amount of stress. Many companies are known to deny benefits to people who need them without explanation. Without help, you run a higher risk of making a mistake that could see your appeal denied as well. Don’t take that chance.

You need an attorney, but not just any one will do. Just like finding a physician who can help you with a specific medical issue, you’ll need to find an attorney who understands how the disability application and appeals process works.

Remember: the insurance company already has a team of lawyers to defend itself against paying claims, and especially against any lawsuits. Hiring your own will level the playing field and increase your chances of winning on appeal. Besides—claims appeals are probably not your forte. But an attorney who works with disability law understands all the ins and outs of applications and appeals, and does it every day. Shouldn’t you have that kind of help on your side?

Long Term Disability Appeal? Call Herren Law For Help!

If you’ve been denied long term disability benefits, don’t try to handle your appeal on your own—get help today. The Herren Law Firm can help you with your application, appeals and help you through the process, and give you one less thing to worry about. Contact us today at 713-682-8194 (or use our online contact form) to schedule your free consultation. There’s no obligation, and no up-front fees.  We only collect if we win your case.

Filing A Veterans Disability Claim In Houston, TX

If you’re one of the thousands of veterans who were injured in the line of duty and are now disabled, chances are you’ve at least once attempted to apply for disability benefits. If you’re reading this blog post, it’s also possible your claim has been denied. But whatever your current status, there is a process to filing your Veterans disability claim.

Filing a Veterans disability claim in Houston, Texas.

The VA’s website is the place to start, and offers basic guidelines and tells you what evidence you need to support your claim. This includes:

  • VA medical records that are either related to your injury/illness, or demonstrate that your rated disability is worsening
  • Hospital reports and other private medical records that are either related to your injury/illness, or demonstrate that your rated disability is worsening
  • Supporting statements from friends, family, fellow service members and others that can provide additional information on how your injury/illness occurred, or how it has worsened. This is also called “lay evidence.”

You can apply online at the VA’s website, by visiting your local VA office, by calling by calling 800-827-1000, or by printing the application here and mailing it to your local VA office.

If you need help, please see our recent blog post on getting assistance with filing your application.

Medical Records And Evidence

The VA provides a list on its website of all the evidence you’ll need to gather for your claim application in addition to VA Form 21-526 and your DD-214.

There are two options for submitting your claim:

  • A Fully Developed Claim, in which you’ll take full responsibility for gathering, organizing and enclosing all of your relevant medical records, supporting documentation, and certify that the VA does not need to recover any more of your records to support your claim. Once you certify that all the relevant records are enclosed, you will be required to attend any medical exams the VA needs and requests for them to reach a decision on your claim.
  • A Standard Disability Claim, in which the VA takes responsibility for recovering any documentation needed for your claim. You’ll need to specify in your application where the records can be obtained or found, especially if they are not with a federal agency. You may be asked to obtain some of these records, such as medical records from a private doctor or hospital, and you will also be required to attend any medical exams the VA needs and requests to reach a decision on your claim.

Lay Evidence

This is evidence that doesn’t require specialized knowledge to deliver, including:

  • Your personal testimony regarding the symptoms of your current disability
  • Your spouse, children or other relative’s testimony about a diagnosis you received many years ago at a military hospital
  • A “buddy statement” that corroborates something that happened to you while you were in the service
  • Performance evaluations done before and after an incident that caused your illness, injury or disability

This supporting evidence is usually submitted as a written statement, and is included with your claim.

Bureau of Veterans Affairs

Once everything is submitted, the BVA will review your file, and determine whether or not you qualify for disability benefits, and if so, assign a percentage.

However, you are ineligible for benefits if:

  • Your disability was caused by misconduct
  • You were dishonorably discharged
  • You were avoiding duty when the injury occurred, i.e., AWOL or deserting
  • You were injured while in prison or detained in relation to a court martial or a civil court felony

If you are denied and would like to appeal, contact an attorney who specializes in disability law. You have a short time frame for appeal, so get started immediately.

Helping Houston’s Disabled Veterans

Have you had trouble applying and qualifying for VA disability benefits? Been denied and need to appeal? It’s time to reach out for help. William Herren is a veterans disability attorney who can make the claims and appeals process easier. Call The Herren Law Firm today at 713-682-8194 (or use our online contact form) to schedule your free consultation. Our contingency fee basis means you won’t owe a fee until we win your case, and there’s no obligation.

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