Hiring a Disability Lawyer - FAQ

Long term disability claimants are well-advised to consult a disability insurance attorney early in the process. In practical terms, that means you should speak with a disability attorney as soon as you have any indication that your medical condition will limit your ability to perform full-time work. Many deserving claimants lose their right to the disability benefits they earned through ignorance of the law or unnecessary delay. In some cases they leave their jobs before applying for benefits or miss an important deadline. In other cases they take actions or make statements that are well-meaning efforts to continue working, but are later used against them by the insurance company. If you consult a disability attorney early in the process, you can protect your rights.

No. A disability insurance lawyer with specialized knowledge in ERISA law and disability law is far more likely to obtain the maximum benefits than a local lawyer without the same experience. Our clients find it very convenient to work with us by telephone and e-mail on a regular basis.

You have a right to change to a new attorney at any time. Bar regulations and legal ethics prohibit any attorney from "interfering" with your relationship with your current lawyer, which would include statements actively encouraging you to change to a new attorney. Our disability insurance lawyers are permitted, however, to consult with you about your case, its status, and its handling by your current lawyer. Some of this information may assist you in determining whether to change counsel.

If your case goes to trial and if you prevail, a court can make an award of attorney's fees. Remember, different parts of the country have different rules as to grants of attorney's fees. It is also possible to obtain an allowance for such fees in mediation - that amount is generally incorporated in a "lump sum" settlement.

The bottom line is expertise of a disability insurance law firm in handling ERISA claims. The law firm you select should also be knowledgeable about the complexities and changes to ERISA law, and the possibility of "bad faith" recovery for your claims. Lastly, the law firm must have adequate time to handle your claim in a professional manner.

With a contingency fee, you do not pay any legal fees to your disability insurance lawyer unless there is a successful resolution of your case. The contingency has been very popular with ERISA Law Group clients. For those who can afford it, hourly fee arrangements are also available.

In addition to attorney's fees, you can also incur out of pocket expenses for: court filings, service of process, obtaining medical records, compensating doctors for their opinions, costs of mediation, etc. A qualified law firm can apprise you of your expected costs and, if the matter is mediated, should be able to identify and quantify those costs in order to permit you to calculate your projected "net" award.

The reality is that most cases settle; but every case is different. Cases that settle may take 6-12 months, depending on where you are in the appeals process. If the case goes to trial, expect the matter to take more than 12 months, especially if there is an appeal to the Circuit courts.

In a perfect world, you should obtain all the benefits to which you are entitled under an enforceable policy of insurance. Unfortunately, insurance companies aren't perfect and don't play fair. You should expect a fight for disability insurance benefits, no matter who provided the insurance policy.