#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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