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:
Beverly M.
I live in rural south side Virginia and it was impossible for me to locate a firm that would be able to help me appeal my employee long term disability claim denial. After numerous attempts and failures to locate someone who would take my case, I took my search to the internet. I was hesitant in contacting a law firm via the internet, considering the ones qualified to take my case were all out of state. The search was time consuming, but after searching numerous law firms, contacting some of them and rejecting them, I decided to call Dell Disability Lawyers.
By the time I contacted Dell Disability Lawyers I only had three months left to file my appeal. I was promptly interviewed, accepted as a client and Rachel Alters was assigned as my lawyer. Ms. Alters worked closely with me, and was diligent in completing my appeal, and was able to accomplish the submission in a timely manner. Approximately one month after the appeal was completed Ms. Alters notified me she had won the case without going to court.
Everyone I spoke with at Dell Disability Lawyers was very professional, and they returned my telephone calls or emails promptly. Before I had to retire due to disability I worked with corporate America, and I’ve dealt with numerous corporations and most of them do not operate at the same high level like Dell Disability Lawyers. I recognize the difference.
I appreciate Ms. Alters and this firm. Without them I wouldn’t have won my appeal. My sincere thanks to you!
As far as my experience, I can not think of anything that needs improving.
Michael C.
I am extremely happy that I decided to sign on with Dell Disability Lawyers. Mr. Symonds is the most honest attorney that I have ever dealt with. He explained the appeal process to me exactly as it turned out. He also knew exactly when to send in the appeal for Short Term Disability so that the Long Term Disability was approved within days of the STD approval.
I feel very confident that he will have my back for the years to come. He and his assistant Sonia are always polite and quick to get back to me whenever I have questions.
I would highly recommend Dell Disability Lawyers because of their knowledge of disability law from both the view of the insurance company as well as the claimant.
Katie A.
This is a very professional office with attentive personnel. I was informed of my case progress every step of the way. I experienced a positive end result in relatively short time. I’m glad I chose this law firm to handle my disability case. I am totally satisfied with this firm.
C.H.
Rachel is a total superwoman in my book! She was so easy to work with and made an intimidating process feel pain free. She is friendly, approachable and made time to answer all our questions. I felt like she was on my side and fought for me when no one else would. Highly recommend!
Patti N.
I found Dell Disability Lawyers when I googled lawyers that handled long term disability claims with Prudential. I sent an email on their site and by the next morning I received a phone call from them. They were very professional and friendly, easy to talk to. They inquired of my situation. Prudential LTD decided to cancel benefits after two years of which I learned is quite common. I was disabled after a car accident started collecting SSDI six months after my accident. My doctors said I was disabled, ssdi doctors declared me disabled but Prudential without ever seeing me said I was able to work. They sent me a list of jobs that they felt I could do. Not one company name just a list of five jobs. They paid me disabilty for two years without question. Then bam cut you off!
Dell Disability Lawyers said they could help. They explained the process of appeal and if I were denied through appeal it would go to court under Erisa. I started the process June 2015 with Dell Disability Lawyers. The staff answered all my emails and phone calls within minutes of asking. Amazing communication! It is now January 2017 and my case just settled. I agreed to one settlement and a few days later they set me paperwork and surprise it was more than I agreed upon.
I am truly grateful that I found such a wonderful firm. Trust and patience paid off. They care about you and your outcome. This is truly an outstanding firm to work with!
I recommend Dell Disability Lawyers because they care about you. They are fast and easy to answer all your questions and I never once had any problems contacting them. Emails and phone calls promptly answered. They know how to deal with LTD companies.
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
The long-term disability claim of a disabled Chevy Chase Bank manager was terminated by Prudential after 11 years. However, the decision was overturned following an appeal by Dell Disability Lawyers — Prudential Insurance Company of America initially terminated Virginia bank manager Connie’s long-term disability claim. Connie suffered a stroke at 25, resulting in vision loss and cognitive impairments. She had to leave work and file a claim with Prudential. For 11 years, Prudential acknowledged her disability and inability to work. However, in 2017, a medical review reversed the decision, stating that Connie could engage in certain sustained work activities. Her benefits were cut, causing devastation. Dell Disability Lawyers successfully appealed and overturned Prudential’s decision.
After an appeal, a former Director of Information Security, gets disability benefits approved for mental health disorder. The fight for long term disability benefits for client’s physical limitations continues — A former Director of Information Security at the National Student Clearinghouse has received his disability benefits for mental health disorder with the help of Dell Disability Lawyers. Despite having multiple health disorders, including chronic obstructive pulmonary disease and severe chronic pain, his insurer, Mutual of Omaha, initially denied all disability benefits without properly investigating his job role. After appealing, Mutual of Omaha reversed its denial, but only approved benefits for his Somatic Symptom Disorder for 24 months. Attorney Alexander Palamara is continuing to fight for his client’s physical disabilities and secure benefits until retirement age.
Dell Disability Lawyers’ appeal reinstates disability benefits after CIGNA admits their decision to deny was wrong — A former PACE Site Manager for Sentara Healthcare sought help from Dell Disability Lawyers to appeal the denial of her long-term disability benefits CIGNA admitted their denial decision was wrong. Despite her range of disabling conditions, CIGNA initially denied her benefits. On two occasions, her benefits were denied, with the firm stating her conditions lacked clinical support. Dell Disability Lawyers challenged CIGNA’s decisions and evaluations using comprehensive medical records. Within 90 days of the appeal, CIGNA reversed its denial and reinstated the client’s benefits.
Cigna Approves Any Occupation Disability Benefits After Two Appeals — A former hospital coordinator applied for long-term disability benefits from Cigna after undergoing double knee replacements and experiencing ongoing pain. Initially, Cigna approved his claim for two years of benefits under the ‘Own Occupation’ policy. However, Cigna later claimed he no longer qualified for benefits under the ‘Any Occupation’ policy, falsely stating he could perform Sedetary Work duties. Despite his explanations, Cigna maintained their rejection. The client’s lawyer, Stephen Jessup, intervened with medical evidence, prompting Cigna to reinstate the client’s benefits and reimburse him for nine months of missed payments. This case emphasizes the importance of understanding ERISA policy appeals and seeking legal assistance when dealing with insurance claims disputes.
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.
Virginia State Legal Resources
- Virginia Court System Official Website
- Official Government Website of the State of Virginia — Information regarding the state of Virginia government entities resources
- Virginia Department of Insurance — Regulates all insurance companies that do business in Virginia
Federal Courts
- United States Court Of Appeals for The Fourth Circuit — This court has jurisdiction over appeals from United States District Courts located in Maryland, North Carolina, South Carolina, Virginia, and West Virginia
- Eastern District of Virginia Federal Court
- Western District of Virginia Federal Court
Resources to Help You Win Disability Benefits
Disability Benefit Denial Options
Submit a Strong Appeal Package
We work with you, your doctors, and other experts to submit a very strong appeal.
Sue Your Disability Insurance Company
We have filed thousands of disability denial lawsuits in federal Courts nationwide.
Protect Your Benefits
Get Your Disability Application Approved
We help claimants throughout the entire application process.
Prevent a Disability Benefit Denial
We manage every aspect of your disability claim following claim approval.
Negotiate a Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Disability Company Reviews
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Showing 8 of 652 Reviews
Sedgwick
Worst Company Ever
If something happens to you at work you better hope you die, my son is going through HELL because this company is handling his work comp. NO RETURN PHONE CALLS, TEXTS, EMA... read more >
Hartford
Hartford Denied My Benefits After 14 years
Hello. I am contacting you because I see you have won many cases against The Hartford. You won one case that I almost mirror what The Hartford did to the man that was on L... read more >
MetLife
MetLife for disability? Avoid the surgery unless it's life-threatening
The worst company I ever dealt with, never received a call from my claim manager.
Reliance Standard
Short Term Disability Claim/Inconsistent to NO Communication
When I did call & reach a live person they were kind & helpful. The person assigned to my claim left one phone message & I have not spoken to her since. Information she re... read more >
Unum
Unum Closed My Case Today
Unum will keep you around, if they pay you 100 a month. But as soon as have to pay more than 2700 a month, they will drop you. We will be going to the attorneys office fir... read more >
Prudential
Denied but Not Denied but I am Denied
I went out in Aug. 2022 for neck pain. After seeing a neurologist I had to get an ACDF C5-7, it was also determined I had carpal tunnel in my right hand and bulging disk i... read more >
New York Life
Claiming They Are Not Receiving Paperwork
After suffering from medical issues from my delivery in February, I had to have a colostomy bag placed. Now New York Life is trying to claim my condition was pre-existing ... read more >
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Helpful Videos
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Disability Benefit Tips
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Showing 8 of 331 Benefit Tips
Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?
When it comes to securing your disability insurance benefits, it's vitally important that your disability insurance lawyer thoroughly understands the symptoms and impact of your disabling condition. Doctors can help you create strong medical records, but they're not accustomed to dealing with the rigorous documentation disability insurance companies require. Lea... Read More >
Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak
If you're seeking long term disability benefits from an insurance company, you may be concerned that you're facing an uphill battle. Fortunately, the stronger your medical evidence, the greater the odds that your claim will be approved. On the other side of the coin, one of the most common reasons for denial of long term disability benefits involves too-weak med... Read More >
Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company
When you're seeking disability insurance benefits, your medical records and treating physician's statement are two of the most important components of your claim. But because the insurance company has a vested interest in denying your disability insurance claim, it often will rely on tactics like ambushing your doctor with a phone call in an attempt to get them ... Read More >
Disability Benefit Denial Reason #3 - Video & Social Media Surveillance
One thing many disability insurance claimants don't know about (or expect) from the claims review process involves video and social media surveillance. Disability insurance carriers often hire people to follow claimants around with a telephoto lens - or even send social media friend requests from fake accounts - to glean whatever information they can about the c... Read More >
How Do You Fight a Long-Term Disability Denial?
Getting a denial letter from your disability insurance company is one of the ultimate insults. You are sick and not able to work, yet your disability insurance company is telling you to return to work. The disability insurance company has denied your disability benefit claim and is basically calling you a liar. When receiving a disability denial letter or a ph... Read More >
Disability Denial Reason #2 - Change of Disability Definition & Vocational Review
One of the top reasons for terminating a claimant's long term disability benefits involves the change in the disability insurance policy's definition of "disability." This definition change often happens in conjunction with a vocational review, or an analysis of a claimant's medical records that tells the insurance company which jobs the claimant should be able ... Read More >
Disability Denial Reason #1 – Paper Review & IME
At Dell Disability Lawyers, we've seen insurance companies give countless reasons to deny long term disability benefits. However, most disability benefit denials tend to fall into one of a few categories - and one of the biggest ones is the paper review and independent medical exam (IME). Learn more about what this review process entails and what your claim file... Read More >
How to Apply for Reliance Standard Disability Benefits & Top 5 Reasons for a Claim Denial
At Dell & Schaefer we’ve handled hundreds of long term disability insurance claims against Reliance Standard, and have learned a few things in the process. When you’re experiencing an injury or illness that makes it difficult (or impossible) to work, it can be tempting to file a claim as quickly as possible – but unless a claimant has all their ducks in a row, this could actually delay the ultimate r... Read More >
Dell Disability Cases
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Showing 8 of 375 Dell Disability Cases
Prudential Decides to Terminate Long-term Disability Claim of Disabled Chevy Chase Bank Manager That It Had Paid for 11 Years, But It Overturns Decision After Dell Disability Lawyers' Appeal
Our client, Connie, worked as a Manager for a Chevy Chase Bank branch in Virginia. In 2006, at the age of 25, she suffered a stroke which caused her to lose vision in her left eye and left her with cognitive and memory issues.It was determined that her stroke was caused by, Thrombotic Thrombocytopenic Purpura (TTP), a rare blood disorder that causes the blood to clot in small blood vessels throughout the b... Read More >
After an appeal, a former Director of Information Security, gets disability benefits approved for mental health disorder. The fight for long term disability benefits for client’s physical limitations continues
After a very long fight, a former employee of the National Student Clearinghouse is now on claim after an administrative appeal filed by Dell Disability Lawyers. Prior to filing for disability, our client was a Director of Information Security responsible for security strategy, security programs oversight, and security development for an online national student degree and enrollment verification database. Howe... Read More >
Disability Benefits Reinstated: Dell Disability Lawyers Appeal Gets CIGNA to Admit its Decision to Deny was Wrong
A former PACE Site Manager for Sentara Healthcare contacted our office after being referred to us by her Social Security Disability Attorney. After 4.5 years of being on claim, out of nowhere CIGNA denied her continued long term disability (LTD) benefits. She came to us after an appeal she filed on her own had been denied. Fortunately, the LTD Policy governing her claim through Sentara Healthcare allowed her t... Read More >
Cigna Approves Any Occupation Disability Benefits After Two Appeals
Prior to filing for long term disability benefits with Cigna, our client worked as a coordinator for a large hospital system. After having double knee replacements he found the physical demands of his job to be too strenuous in light of his ongoing pain and movement limitations. Left with little choice he filed a claim for disability benefits with Cigna. Based on the information provided Cigna approved his cla... Read More >
Mutual Of Omaha Overturns Denial of Short Term Disability Benefits for Software Developer With Chronic Back Pain
Regardless of how hard a person attempts to continue working with a disability, it is an effort that gets taken advantage of by the disability insurance company. Prior to filing for disability insurance benefits under her employer provided Short Term Disability Policy administered by Mutual of Omaha, our client was a successful Software Developer with a history of chronic back pain and prior surgery. She was t... Read More >
Seven Surgeries and The Standard Still Denies Disability Insurance Benefits
Our client was employed with the State of Oregon as a Technical Support Representative. She sought disability through her employer provider LTD Policy with Standard due to low back, hip, and lower extremity pain. She had two hip, two knee and three back surgeries.After paying her for 1.5 years Standard hired a board-certified neurologist to perform a review ... Read More >
Sun Life Wrongfully Denies Disability After Paying For 23 Months
We represent a 57 year-old claimant who’s occupation was selling commercial vehicles for many years. Her job was very physical as it required her to climb in and out of semi-trucks multiple times a day as well as operate them which was very strenuous. She went out of work in due to ongoing and severe debilitating right hip, low back, and bilateral knee pain... Read More >
Nurse Denied Long-term Disability Benefits by Lincoln After the Definition of Disability Changed
Our client, a registered nurse for Dignity Health, found herself in a difficult situation after being diagnosed with lumbar spondylosis and left knee arthritis. She continued to work, however, struggled while attempting to work through chronic lower back pain and left lower extremity radicular symptoms on a daily basis. Sadly, her condition failed to improve and... Read More >
Disability Lawsuit Stories
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Reviews from Our Clients
