• Are Attorney's Fees Recoverable in an ERISA Disability Denial Case?

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 learn more about this analysis please see our discussion on attorney fees for ERISA governed claims.

If your claim is not governed by ERISA then an attorney fee award will usually depend on the attorney fee statutes in the state in which your policy was delivered. Most states do not provide attorney fees for prevailing parties in long-term disability insurance cases. In states that do have attorney fee statutes there is sometimes a requirement to prove intentional bad faith conduct in order to collect attorney fees. In all states, a disability insurance company will never be required to pay attorney fees unless the case is won at trial. In rare circumstances, a disability carrier will agree to pay attorney fees prior to trial.

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Questions About Hiring Us

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Don (Florida)

I called this firm a few months ago completely disparaged due to a company cutting off disability benefits at a time that nearly caused me to lose everything.

Attorney Alex Palmera and Danielle worked hard to reach an amicable settlement and my case was settled a few months later. This is a good firm and the specific expertise in disability claims saved me countless hours of hassle at a time when an already fragile state existed.

Thank you Mr. Palamara and Danielle.

***** 5 stars based on 202 reviews

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