What a Federal Judge Said About ERISA Disability
Federal Judge says: "Get a Lawyer"
Our work in disability insurance cases becomes more difficult (and expensive) if you have made mistakes in filling out forms, giving recorded statements or if your doctor has filled out “attending physician
reports” without really understanding the traps. Recently, for example, we reviewed a file
where the doctor had already written “no limitations” on the claim form. The doctor thought
this was needed to allow the claimant to try a few hours of work. Unfortunately, that doctor
destroyed the entire claim before it could even get off the ground. If they had only faxed
us the form in advance we could have saved the claim by making sure that the doctor knew the
ramifications of that statement. There is a way to accomplish what the doctor was trying to
do!
It’s not just Ben Glass saying this. A respected federal judge has said claimants who start
the disability claims process without an attorney are at a distinct disadvantage and often
face a loaded deck.
The judge said: "The Court also recognizes that ERISA claimants may not have the advantage of legal advice
or favorable referrals before the administrative process is complete, placing such claimants
at a distinct disadvantage if discovery is not permitted on judicial review. For ERISA
claimants not able or aware enough to hire legal counsel before the administrative process
is complete, they likely enter into judicial review facing a loaded deck." Abromitis v. CNA,
(Federal Court, North Carolina.)
Want to know more about disability insurance cases? If you live in Virginia, Maryland or the
District of Columbia you can get a free book by Virginia disability insurance attorney Ben
Glass. Just fill out this form.
