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    How to find disability attorney?

    I'm not sure if this is the right area for this. Does anyone know how to go about finding a good ERISA attorney to assist with disability through an employer sponsored group plan? Can the local chapter help with recommendations?

    Thanks.
    Kathy
    DX 01/06, currently on Tysabri

    #2
    I would contact NMSS for a referral. But, most attorneys who specialize in ERISA in the past decades have 'jumped ship' when it comes to representing individuals in ERISA litigation. They most often represent the insurance carriers or employers. It's where the deep pockets are and a fairly techenical area of practice.

    You can try your local phone directory or internet search in your area, but if my experience is any indication, all the one's I contacted were either on retainer with my employer/insurer, or wished they were.

    Best of luck, hope you find someone.

    Comment


      #3
      Pennstater,

      Your state bar association (meaning an association of attorney's who passed the state bar and are in good standing - both things you want) is the safest bet to get a referral to an attorney. Often a county will also have a bar association through which you can get a referral.

      I am guessing, based on your name, that you may live in Pennsylvania. On the Pennsylvania State Bar website, they have a list of referral numbers by county: http://www.pabar.org/public/membership/lrsblurb.asp.

      You can honestly tell them exactly the same thing you posted, that you are looking for "a good ERISA attorney to assist with disability through an employer sponsored group plan." Don't be afraid to be clear about any cost limitations you have. Many attorneys offer free initial consultations and you can ask about that when you get the referral. Also, don't be afraid to call and speak or visit a few attorneys before hiring one/a firm.

      Good luck!

      Comment


        #4
        Google ERISA Attorney and the largest city near you. Call a couple, first consult is usually free. Pick the one you are most comfortable with.

        Good Luck.
        Katie
        "Yep, I have MS, and it does have Me!"
        "My MS is a Journey for One."
        Dx: 1999 DMDS: Avonex, Copaxone, Rebif, currently on Tysabri

        Comment


          #5
          Search online or at one of the disability insurance forums. The attorney does not need to be in your own state unless you go to court and you don't want that. There aren't that many. I have used several erisa or plain disability attorneys for a few hours here and there to write letters on my behalf or to look through something I had written, preventative maintenance. Worth the money and lowered stress. Never found anything useful at the ms society, you would be lucky if they did not ask what erisa means.

          Comment


            #6
            email me for a recommendation

            Originally posted by pennstater View Post
            I'm not sure if this is the right area for this. Does anyone know how to go about finding a good ERISA attorney to assist with disability through an employer sponsored group plan? Can the local chapter help with recommendations?

            Thanks.
            I was initially denied benefits when I filed on my own a few years back. After calling every employment related attorney I could find in CT none of them wanted to deal with private disability insurers.

            Eventually one recommended an insurance adjustor in Westchester, NY. DT had worked on the insurance side for years and decided that the companies did their best to deny disability and other claims and he was fed up.

            His fees were quite reasonable - a fixed percentage of the first check I received. (His fee schedule may have changed).

            He knows his stuff, can quote ERISA, and is thorough. Within a few months of his going through 300+ pages of my medical history and speaking/writing to Prudential I was receiving checks.

            Note - On my own SSA agreed I was eligible for SSDI within 3 months of applying before Prudential responded.

            I want to point out that I had been receiving routine Tysabri infusions for three years and every time I went in I would note on the intake form my various symptoms - in my case headaches, fatigue, vision issues, declining memory, etc. thereby creating the paper work trail that was needed. My boss at the time had worse MS related problems but had not documented them well and was refused coverage.

            Let me emphasize - PAPER, PAPER, PAPER is needed. If you have a problem whether a frequent need for toilet breaks, a problem sleeping, pain, spasticity, get it on paper starting today.

            Keep records of every communication and get a fax machine or scanner.

            As far as I know DT can work on behalf of any US resident.

            email backchannel for his contact info.

            Comment


              #7
              GardeningMSer - thanks for the option. I actually had a lawyer friend find names for me. My friend's firm does corporate, so the partner that does defendant work for employers provided a few names he recommends based on his own personal experience going up against them. If I am not comfortable with them or they are too expensive, I'll definitely reach out.

              Thanks everyone for your replies. Another friend also told me about superlawyers.com. It's similar to top docs, in that it is peer rankings, as well as 3rd party research. It ranks lawyers in all states in various specialties and selects 5% in each state. Of course, with any rankings, you need still need to do other research and make sure you are comfortable with the attorney after a consult.

              After I came up with a few names, I was searching google for the lawyer's name to see what came up. I also stumbled across avvo.com, which has some client ratings, basic information, but also has self reported information. The most useful thing I found there was % of time they spend on types of law. So I could look at % of time they do ERISA type of law versus other employment related defense and whether any allegations of professional misconduct exist.

              Just wanted to share in case anyone else wants to do more research.

              Thanks again for all the suggestions.
              Kathy
              DX 01/06, currently on Tysabri

              Comment


                #8
                Hellp GardeningMSer! How do I email you for DT's contact info?

                Originally posted by GardeningMSer View Post
                I was initially denied benefits when I filed on my own a few years back. After calling every employment related attorney I could find in CT none of them wanted to deal with private disability insurers.

                Eventually one recommended an insurance adjustor in Westchester, NY. DT had worked on the insurance side for years and decided that the companies did their best to deny disability and other claims and he was fed up.

                His fees were quite reasonable - a fixed percentage of the first check I received. (His fee schedule may have changed).

                He knows his stuff, can quote ERISA, and is thorough. Within a few months of his going through 300+ pages of my medical history and speaking/writing to Prudential I was receiving checks.

                Note - On my own SSA agreed I was eligible for SSDI within 3 months of applying before Prudential responded.

                I want to point out that I had been receiving routine Tysabri infusions for three years and every time I went in I would note on the intake form my various symptoms - in my case headaches, fatigue, vision issues, declining memory, etc. thereby creating the paper work trail that was needed. My boss at the time had worse MS related problems but had not documented them well and was refused coverage.

                Let me emphasize - PAPER, PAPER, PAPER is needed. If you have a problem whether a frequent need for toilet breaks, a problem sleeping, pain, spasticity, get it on paper starting today.

                Keep records of every communication and get a fax machine or scanner.

                As far as I know DT can work on behalf of any US resident.

                email backchannel for his contact info.
                How do I email you? I am new to this,website and dont know what "backchannel" is. I would love to obtain DT's contact info?

                Comment

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