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The most surprising thing about disability insurance is not how the insurance company frivolously denies claims, but that few attorneys practice this type of law. Most attorneys specialize in two or three areas of law, and they refer the cases they don't handle to a lawyer who does. You wouldn't hire a contract lawyer to handle your criminal case, so why would you trust a "general" attorney for your disability appeal? You have to be wise about who is handling your ERISA disability insurance case. 

Litigation of long-term (and short-term) disability claims is a world unto itself. Disability insurance has its own body of case law, history, procedure, and terminology. Policies governed by ERISA, such as your employer-sponsored disability insurance plan, have even more challenges. Your attorneys should know before the case begins what you need to prove to win your case.

There are many, many ways an inexperienced attorney can ruin your disability claim. Since you have a limited number of appeals, this can wreck your financial future. If you have filed for disability because you can't work, you need that money as soon as possible.

We recommend that claimants do their research. Check and make sure your attorney has a high Avvo rating, plenty of positive reviews, and most importantly, a proven history handling disability insurance appeals. You can tell by how much information he or she has on their website. Do they seem like experts in the field? Or are they just trying their hand at whatever comes in?

Check out our resources here.

Give us a call at 202-393-3320 and we can will review your disability policy for free. Even if you don’t need an attorney, we'll equip you with free resources to help you on your legal journey. 

Frank R. Kearney, Attorney-at-Law
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Experienced DC Workers' Comp, Long Term Disability & Accident Lawyer
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