Most people believe that because attorneys are licensed to practice law, they are also experts in the disability claims process. While some, due to experience, may know more than others I doubt that very many have actually worked for a disability insurer, or have taken any courses focusing on disability claims practice. This is why smart attorneys hire expert witnesses and those with actual claims experience.
At a time when the economy forces the middle class to live paycheck to paycheck, attorneys are still charging a back/forward fee that over time will pay him/her a six figure fee. A per hour fee of $500+ per hour is highway robbery to most ERISA folks and shouldn’t be charged by any attorney who doesn’t have an extensive history with ERISA and successful litigation.
A year or so ago I started writing reports for a New York attorney who established a practice on his own. I referred one of my clients to him and he asked for a $10,000 upfront retainer fee. I told him I couldn’t continue to refer clients to him because my clients were not likely to be able to afford such an extravagant fee. I never heard from him after that. Let’s face it….most attorneys do not work to benefit you, but only to benefit themselves. I know a few attorneys who are really good, honest, and charge reasonable fees, but they are in the minority. I probably could write for hours about the ill-gains attorneys impose on insureds, but that’s a subject for another post.
I have worked with and for attorneys for the last 26 years and it has always been my observation that attorneys work basically from the “shortest distance between two points” and always, always place their fees as a priority. But, what bothers me the most, is that I have personally observed situations where attorneys accept disability cases they essentially know nothing about, frequently avoid doing anything to appeal, preferring settlements, or taking cases to court, which is where their money is. I’ve witnessed attorneys who tell claimants, “Oh, just go ahead and agree to meet with the field representative” when the requirement to do so isn’t even in the ERISA Plan or policy. Attorneys do not seem to support adjudicating the policy in force and then wonder “what went wrong.” Of course, attorney do have their place in the disability claims process, but it should always be in the area of litigation. AND CLAIMS MANAGEMENT IS NEVER ABOUT LITIGATION, although attorneys often want to take you there.
While attorneys can be an unfortunate, expensive choice, the Internet is also not the answer.So many times I’ve heard from insureds, “I found it on the Internet!” Many years ago, my father used to say, “Well, it’s in the newspaper, it must be true!”, people assume the same thing about accuracy from the Internet. THE INTERNET IS THE WORST PLACE TO ACCEPT INFORMATION AS ACCURATE.
To make matters worse, some insureds have it in their heads to ask AI to help fill out their forms. I hope for your sake that you haven’t done that because the forms you submit require signatures testifying to the TRUTH AND ACCURACY of the information. Do not ever use AI to complete for fill out anything having to do a disability claim. You can never testify in court that YOU completed the forms, nor can you testify that the information is accurate. Please DO NOT EVER USE AI TO COMPLETE DISABILITY FORMS OR CONSTRUCT ANY LANGUAGE OR RESPONSE RELATIVE TO A DISABILITY CLAIM.
Likewise, peers, friends, family members and others are also NOT good sources of help, information or assistance. All disability claims are unique and represent differing situations and medical treatment. Your claim is unique and it cannot be compared with other people’s claims, even peers who worked for the same company.
In many ways, all of these inappropriate choices described above indicate how much insureds are unsure of their claims management decisions and how anxious they are to have someone backing them up even if it costs a 6-figure fee over time. My suggestion is to not assume “an attorney” is the best choice to manage your claim. Attorneys are litigators, not claims managers; they view “management” as a waste of their time (and money) and, as a result they aren’t very good at it. It is concerning that so many people are choosing to retain attorneys who may not be able to produce the results they are looking for.
