If your disability claim is denied by the Railroad Retirement Board (RRB), our Chattanooga Railroad Retirement Board denial lawyers can help you seek the compensation you deserve.
At Wettermark Keith, our Chattanooga FELA railroad lawyers are here to help workers get the benefits they need. We put our over 50 years of combined experience to work in every case we take on.
Reach out today to get started with a free consultation.
Why Would Your Railroad Retirement Board Claim Be Denied?
Railroad Retirement Board claims can be denied for a variety of reasons, including:
- You provided an insufficient amount of medical evidence. Proving your disability is the main component of your claim.
- You did not work for a covered railroad employer for a long enough period of time. Typically, coverage for disability begins at a minimum of 60 months of employment.
- You are still able to do your job, or the railroad can shift you to another job with the employer.
- You have too high monthly earnings to qualify for disability.
- Missing or inaccurate information. If your initial claim is lacking important info or you made a mistake, it can result in being denied.
- You missed the deadline for submitting your claim.
- You have not done a requested medical evaluation.
Once our Chattanooga workers’ compensation lawyer understands why you were denied, we can get to work on building your appeal.
How Can a Railroad Retirement Board Denial Attorney in Chattanooga Help With Your Claim?
When you are depending on disability benefits, a denial of your claim can feel very stressful. However, a denied claim is not the end. Instead, you can appeal the decision, and we can help you do so.
Our Chattanooga personal injury lawyers can:
- Review the reason you were denied.
- Gather evidence to help support your claim.
- File your appeal within the required deadlines.
- Represent you at hearings, if needed.
We will fight for the benefits you need to cover your medical expenses, lost wages, and other losses. At Wettermark Keith, we have helped injury victims and their families recover over $1.5 billion in compensation. You can read more about these cases on our results page.
How Much Does a Railroad Retirement Board Denial Lawyer Cost in Chattanooga?
Our legal team works on a contingency fee basis. Under this fee structure, you won’t pay any fees or costs upfront. Instead, you pay our fees as a percentage of the settlement you receive.
If we are unable to recover compensation for you, then you will not need to pay us anything.
For a free legal consultation with a railroad retirement board denial lawyer serving Chattanooga,
call (833) 588-9009 today
What Benefits Can You Get Through a Disability Claim With the Railroad Retirement Board?
Disability benefits from the Railroad Retirement Board typically provide a monthly disability annuity. On average, Railroad Retirement Board disability benefits are higher per month than going through Social Security Disability.
Your disability benefits typically last until you reach full retirement age. At that point, your disability will end, and you will receive your retirement benefits instead. Disability through the Railroad Retirement Board is divided into two types. These are:
- Total and permanent disability: This is payable to any aged railroad employee and is an annuity meant to cover their complete inability to do regular work.
- Occupational disability: This is payable at age 60 if the employee has had ten years of railroad service or at any age if they have had 20 years of railroad service. They must also meet a current connection requirement.
The current connection requirement means that you’ve earned pay from a railroad employer in at least 12 months out of 30 months. There may be exceptions to when the 30-month period takes place, so talk to your Railroad Retirement Board denial attorneys in Chattanooga if you have concerns about meeting this requirement.
How Can You Appeal a Denied Railroad Retirement Board Claim?
If the Railroad Retirement Board has denied your disability claim, you still have options to continue your claim. The appeals process involves:
1. Reconsideration Request
Typically, you must start with a written request for reconsideration of your claim. This must be filed within 60 days of having received the denied claim.
The request should include any additional information or medical evidence that supports your disability claim.
2. Formal Appeal to the Bureau of Hearings and Appeals
Your reconsideration request may be denied, but you still have next steps you can take. Within 60 days of having received your reconsideration notice, you can file an appeal using form RRB HA-1. This form allows you to request a hearing with the Bureau of Hearings and Appeals.
3. Formal Appeal to the Three-Member Board
This appeal must be filed within 60 days of having received the Bureau’s decision. While the previous steps allowed for new evidence and testimony, this step typically does not. Instead, the Board looks at all of the already submitted evidence to make its decision.
4. Petition for Review
If the three-member board also denies your claim, then there is one final avenue for appeal. You may file a petition for review with the U.S. Court of Appeals.
This petition must be filed within one year of when you received the Board’s decision.
Chattanooga Railroad Retirement Board Denial Lawyer Near Me
(833) 588-9009
Contact Our Team in Chattanooga Today
If you’ve had a disability benefits claim denied by the Railroad Retirement Board, our legal team is here to help. We will take on the entirety of the reconsideration and appeal process for your claim.
At Wettermark Keith, our Chattanooga Railroad Retirement Board denial lawyers believe in providing dedicated and empathetic legal services. We are always here to answer your questions and provide support. Reach out today for a free consultation.
Call or text (833) 588-9009 or fill out our Free Case Evaluation Form to get started