From time to time I get hired to be an expert witness when an attorney handling a long term disability case gets sued. Sometimes the claimant hires me, and sometimes the malpractice insurance company hires me. I've seen it all.
If you have insurance through your employer and your claim is denied, here are some clues that the attorney you are talking to about your long term disability claim isn't experienced:
- Cannot explain how your case would progress from internal appeal to litigation without doing "a little research."
- They don't mention ERISA at all.
- Talks about a "trial."
- Thinks preparing an appeal means sending a letter that says "we appeal."
- Doesn't tell you how they are going to get the claim file before doing anything else.
- Talks about depositions.
- Mentions how much money you will get when you sue the insurance company for "bad faith."
- Talks about filing the lawsuit in your local county courthouse.
You need an experienced ERISA disability attorney, preferably one that is board certified.