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Red Flags to Look for When Evaluating an ERISA Long-Term Disability Attorney

After reading the files of a few lawyers claiming to "do" long-term disability claims, we felt we had to issuet his advice to warn others.

Here are a few red flags you should look for when hiring an ERISA attorney:

  1. No Claim Evaluation Before Signing Fee Agreement
    A denial letter review is the first step to evaluating your claim. ERISA attorneys should be able to review this letter from the insurance company and give you some options on how to move forward with your claim. Any attorney who needs to do “a little research” to evaluate your denial letter probably doesn’t have ERISA experience.
  2. Unwilling to Litigate Your Case After Failed Appeal
    Whenever you interview an ERISA attorney, ask them what will happen if your appeal fails. Few ERISA appeals end up in court, but your attorney should be prepared to litigate if your appeal is denied. If the potential attorney for your claim won’t answer this question directly, you should consult with other attorneys.
  3. High Flat Fee as the Only Option for Writing Your ERISA Appeal
    Attorneys can charge their clients on an hourly rate, flat fee, or contingency basis. All of these are perfectly acceptable ways to charge clients, but beware of attorneys who will only offer you a high “up-front fee, win or lose” option. If your attorney is open to charging a contingency fee (meaning, they only get paid if they win your case), then you can be sure they are taking your case because they believe they can win.
  4. Charging Clients for Time Spent “Researching ERISA”
    ERISA is complicated, even for experienced attorneys. In fact, your ERISA attorney may also be teaching the judge about ERISA cases because of how unusual the law is. But…your ERISA attorney should already know about ERISA law (seems like a no-brainer, right?). If your potential attorney needs to research ERISA, then you should look for someone with more experience. Under no circumstances should you pay for any line item called “ERISA research.”

Why BenGlassLaw? 

  • We file more disability appeals and lawsuits claims that any other firm in our region. (Source: Pacer, the official government site for Federal Court lawsuits)
  • When we get you back on claim, we stay with you for the life of your claim and proactively manage your ongoing benefits - it's never you v. the insurance company again. At the end of 2021, we had $33 million in future disability benefits under management for our clients.
  • In 2021 and 2022, we recovered over $3 million in wrongfully denied disability benefits (we get money for the client in over 90% of the cases that we accept for representation).
  • When we represent you in a claim that has been denied, we only get paid if we win. 
  • We help people all over the country, using local counsel when required, at no additional charge to the client. We believe that disability claimants should have access to the right attorney for them, no matter where they live.
  • Our reviews speak for themselves.
  • Ben Glass has taught attorneys all over the country about ERISA processes and education. He is a subject matter expert in the industry.
  • We give free resources because our passion is empowering the sick and injured to make great decisions about their insurance claims. Download Ben's book - a comprehensive disability claim guide here. 
  • Has your disability claim been denied? We offer free denial letter reviews - send us your letter and our highly experienced team will give you a complimentary and confidential strategy to move forward.
Ben Glass
by Ben Glass
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Ben Glass is a nationally recognized ERISA disability & life insurance attorney in Fairfax, VA.