Attorney Fees & Representation

• Can a disability attorney manage all aspects of my long-term disability insurance claim?

  What amounts to a business decision for your disability insurance company is a life decision for you as a disability benefit recipient. Your disability insurance company views you as a piece of paper, some medical...
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• What can I do if the disability insurance company is delaying disability payments?

  Disability attorney Cesar Gavidia discusses what options a claimant may have when their disability insurance company has delayed their payments. If a disability insurance company has been dragging their feet, it’s been more than 90...
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• Will the disability insurance company pay my attorney fees and cost if I win my Appeal?

  A disability insurance company is not required to pay for any attorney fees or cost that are incurred during either the ERISA administrative appeal process or any pre-lawsuit matters. Attorney fees can only be awarded...
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• If my long term disability claim is wrongfully denied will the insurance company pay my attorney’s fee if I win my case?

  The answer to this question depends on multiple factors. If your disability policy is governed by ERISA then the court will conduct an analysis to determine if an attorney’s fee award should be granted. To...
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• Can I recover attorney fees if my long-term disability claim is governed by ERISA?

  We regularly receive this question from disability claimants. The answer is YES, attorney fees are recoverable in ERISA long-term disability claims, but they are not guaranteed and the award is discretionary with the judge.  The...
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• Why is it important to have a disability attorney when applying for disability insurance benefits?

  When we are representing a client, I always tell the clients with the application process, that it’s our job to: make sure everything gets to them in the appropriate manner; make sure we are preparing...
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• Does having a disability insurance attorney raise a red flag?

  I regularly get asked by claimants: well, does it raise some kind of a red flag, the fact that I have an attorney? And my response to all of these potential clients is that the...
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• Should I speak with an attorney prior to filing my long-term disability insurance claim?

  Many clients will call our office and say that they are thinking of applying for long term disability but they are not sure if they will get approved. And we regularly work with clients to...
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• What are my options if my long term disability insurance claim has been denied?

  If your long-term disability claim is denied your remedies will differ based upon whether or not your claim is governed by ERISA. If your claim is governed by ERISA you must file an ERISA appeal...
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