Wednesday, May 9, 2012

DO's and DONT'S of Hiring an ERISA Attorney


#1.            DO Your Homework (Pre-Screening)

The first thing to do is to check out your proposed attorney’s website.  This is the place you can find out the most information about the proposed attorney prior to meeting with the attorney.  You will often find information on that attorney’s experience and knowledge.

For example, you can see if that attorney has dealt with the specific insurance company in your case.  Typically, you would want someone who has knowledge of the ins and outs of dealing with the specific insurance company you are up against.  Hiring an experienced attorney to help you navigate in this environment is an important decision.

On the website, you may also see if that attorney has any published court opinions.  This is a good sign if they do.  It means that the attorney has experience taking a case all the way to Court, if necessary.  You want someone who is willing to take your case all the way.

#2.            DO Ask Questions (Making Contact)

Once you have done your homework, you are ready to meet with your proposed attorney.  This is your chance to ask about the specifics of the attorney’s track record,  i.e. What kind of results have they had with the insurance company you are dealing with?  Have they represented clients with your same disabling condition?

Next, you will probably want to get an understanding of how available your attorney will be for you, and what services they provide.  How many cases do they have?  What is their policy for returning phone calls?  Is your attorney available by other means like Skype and Google Chat?  Do they provide their cell phone number?  Does the attorney assist you with identifying other sources of benefits and support, including helping you obtain disability benefits through the Federal or State Government (programs like SKI or SSDI).

Last but not least, it is also very important to discuss how your attorney will get paid.  Does your attorney work on a contingency basis?  i.e. will not recover unless you recover.

#3.            DO Talk to Current and/or Previous Clients (Follow up)

No one can give you a better review of the attorney than someone who has worked with him or her.  Ask your attorney for a list of referrals.  Then talk to a few and ask them if the attorney was accessible, responsive, and professional. 


#4.            DON’T Forget to Bring Your Paperwork (Be Prepared)
           
            It is important to show your attorney all paperwork, including the Plan/Policy, any correspondence, Attending Physicians Statements, all Medical Records, claims forms, etc.  An experienced ERISA lawyer will be able to review your papers and pick out dates that you must be aware of, and other important policy information that affects your claim and/or appeal rights.

#5.            DON’T Withhold Any Information (Be Honest)

            Along with providing all of your paperwork, give your attorney a full medical history.  Do not withhold any information, even if you think it is irrelevant, or you believe that it is embarrassing.  Even if you believe some information to be “bad”, it may not be bad at all or as bad as you think.  Even if it is not that favorable, it is important for your attorney to know all of the facts.  You only put your lawyer and yourself at a disadvantage by withholding information. 

#6.            DON’T Hire a Lawyer Who is Not an ERISA Disability Expert (Be Certain)

            Selecting a lawyer who is knowledgeable and an expert in handling ERISA disability claims is crucial.  Do not hire a lawyer who does not have experience and expertise in this field.  The legal process that is involved in ERISA disability claims and litigation is quite complex and requires someone with skill and knowledge.  You need someone who has successfully represented clients in ERISA disability claims and appeals working on your behalf.

Call our office to speak with an experienced and knowledgeable

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