Our Disability Lawyers Help You Collect Disability Insurance Benefits in Virginia

If you are a resident of Virginia and would like assistance with your short or long term disability benefits claim, ERISA denial, long term care, life insurance or accidental death policy, there are several things you need to be aware of. Regardless of what stage of the claim process you are currently in, it’s usually best to consult a disability lawyer and carefully go through your options before you file a disability benefits claim, appeal, or a lawsuit. In addition, it’s important to have an experienced lawyer who deals specifically with Virginia law because there are certain state-specific aspects that may affect the case.

Virginia residents that have had their disability insurance benefits denied can file a lawsuit in the District Court or Circuit under a limited set of circumstances. Virginia’s state appellate courts includes the Court of Appeals and the Virginia Supreme Court. If the disability claimant resides in Virginia and the disability insurance company is located in a different state, and the amount of disability benefits payable is greater than $75,000, then the lawsuit can be filed in Virginia Federal District Court. If the disability insurance policy is an employer provided policy governed by ERISA, then the disability claim must be filed in federal court. Virginia has two Federal District Courts, which are the Eastern and Western District of Virginia Federal Courts. An ERISA governed disability claim denial lawsuit can usually be filed in any state that the insurance company conducts business. According to the Virginia Department of Insurance there are more than 1,700 insurance companies that sell insurance products in Virginia.

When seeking assistance from a disability insurance attorney in Virginia, it is important to consider how much experience your lawyer has in dealing with your specific disability insurance company. At the Law Offices of Dell Disability Lawyers, we deal with every major disability company on a daily basis. We know every action that they will take. We have earned our reputation in both Virginia and Nationwide as aggressive, competent, and reliable disability insurance lawyers. It is essential to hire an experienced attorney with a disability insurance law firm that has the resources, co-counsel network and experience to effectively represent disability insurance claimants against these nationwide disability insurance companies.

If you need attorney representation in Virginia, please contact us for a free phone consultation. We handle disability benefits claims process at all stages: applications to disability, appeals processes, and litigation of disability lawsuits. We are available to help you with any claim in the United States and you will not be required to come to our office. If we cannot assist you, we will try to refer you to someone that can. We encourage you to look around our extensive website and download our free E-brochure to learn more about our legal services.

What qualifies as a disability in Virginia?

In Virginia, a disability is defined as any physical or mental impairment that substantially limits one or more of the major life activities such as walking, seeing, hearing, speaking, breathing, learning and working. This includes conditions such as HIV/AIDS, cancer, cerebral palsy, autism spectrum disorder and multiple sclerosis. In order to be eligible for disability benefits in Virginia, an applicant must be unable to perform substantial gainful activity due to the impairment, and must have been out of work for 12 months or longer.

What is the appeal process for disability benefits?

The appeal process for disability benefits involves requesting a reconsideration of your application after it has been denied. If you receive a second denial, you can request a hearing with an administrative law judge. During this hearing you will be able to present evidence in the form of medical records, witness testimony, or other documents to support your disability claim. After reviewing all of the evidence presented, the judge will render a decision. If you are denied benefits after the hearing you can appeal to the Appeals Council which will review your case to determine whether the judge’s decision was correct based on the evidence presented and applicable law. If they find that it was not they may overturn the decision or send it back to a new hearing with a different administrative law judge. If your appeal is denied by the Appeals Council then you may file a civil lawsuit in federal court which involves filing a complaint with the court and preparing for trial.

Do I have to file my disability denial lawsuit in Virginia?

In the event of a disability claim denial, our disability attorneys will usually have the option of selecting one of several states to file the disability lawsuit. More than 80% of short-term and long-term disability insurance policies are governed by a federal law called ERISA, which means that a Virginia disability insurance attorney can usually file a lawsuit in any federal court in any state.

Answers to Questions About Working With Us

I need a disability lawyer near me. Do you work in Virginia?

Yes. We are a national disability insurance law firm with extensive experience and we are available to represent you regardless of where you live in Virginia or anywhere else in the United States. We have partner disability lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits, and we deal with clients who have a wide variety of medical conditions or have experienced injury. There is nothing that our lawyers have not seen in the disability insurance world, so please do not hesitate to give us a call for a free initial consultation.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim, we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the clients to make our attorney fees as affordable as possible. The three available fee options are a contingency fee basis (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate. In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. We are certainly available to meet with you at any of our satellite offices located in either Virginia or another state, however following a review of your disability policy or any other pertinent documents and a free telephone conversation we are usually able to make a determination of how to best move forward with legal representation.

A successful claim will depend on the confirmation of your physician. With properly documented medical evidence our knowledgeable attorneys will make a determination of the best path forward. It is our job to try to get our deserving clients paid their disability insurance benefits as quick as possible; therefore we prefer to have an initial consultation via telephone.

For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, text or an online meeting tool. If you prefer an initial in-person meeting, please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office. Whether you need help with the initial application process, ERISA-governed policy issues, employer-sponsored Long-Term Disability (LTD) Insurance problems, insurance company denial, appeals, or litigation processes, we are happy to help remotely.

How can I contact you?

When you call us during normal business hours, you will immediately speak with a disability attorney. We can be reached at 800-698-9159 or by email. Because we have extensive resources, our lawyers and staff return all client calls the same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Reviews From Virginia Clients

Choosing a disability law firm to represent you in the application, appeals, or lawsuit stages is no easy task. You want to look for a law office with legal experts who have extensive experience in dealing with initial disability claims, appeals processes, and litigation, and have handled thousands of claims. It’s vital that your chosen disability lawyers of Virginia have extensive legal resources, a well-earned reputation, and a high client satisfaction rate. Be sure to browse some of the client recommendations to make the best decisions:

Christina R.

GREGORY DELL IS THE BEST IN THE BUSINESS!

I was referred to Greg by a very well-respected attorney where I lived at the time, and he described Greg as not only one of the top attorneys in his field, but the BEST in the COUNTRY at what he does! After having interviewed other attorneys for my case that I did not quite feel right about, I contacted Greg and it was a very refreshing encounter, to say the least! He was very compassionate in regards to my health situation, and had had experience with other clients in the past who had been in the same industry as I had… and whom he had also very successfully represented. He was strong, confident and extremely intelligent.

His knowledge of the law was unsurpassed, and he had impressive Insight and expertise in dealing with insurance companies. Greg has successfully represented me now for over six years, and I honestly could not have handled the stress involved with working directly with the insurance company – in my fragile condition – without him! He and his highly-professional Staff have taken over my claim so that I can be worry-free and focus totally on my health and wellbeing. Greg is a master at what he does and I have the utmost respect for him. I have entrusted my whole livelihood in his and his capable Staff’s hands, and I feel totally confident in their ability to represent me in the best possible way, as well as to protect my very best interests. Most importantly, Greg has given me peace of mind at a very difficult time in my life. And, he has done it with kindness, compassion and honesty. His positive attitude and wonderful personality also make it a joy to work with Greg. He has been the ultimate blessing in my life since this unfortunate illness, and I sincerely feel so grateful to have found him!

Top 5 Disability Insurance Cases Resolved by Dell Disability Lawyers in Virginia

Mutual Of Omaha reverses decision to deny short-term disability benefits for software developer suffering from chronic back pain — A software developer had chronic back pain and was denied short-term disability benefits by Mutual of Omaha. She continued working for over three years despite her worsening condition and trying various treatments. When her condition became unmanageable, she applied for disability benefits but was denied. She sought legal help from Dell Disability Lawyers, represented by Attorney Stephen Jessup. The insurance company claimed her job was sedenatary and she could keep working. Attorney Jessup disagreed, analyzing her medical history and job demands. He collaborated with her doctors to create factual questionnaires. Mutual of Omaha requested an independent medical examination, but eventually reinstated her benefits due to her comprehensive medical history. With legal assistance, the denial was overturned, highlighting the importance of legal help in these cases.