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When should I talk to a lawyer?
We recommend that a claimant contact an attorney
as soon as the claim is denied or your benefits are
terminated so that the attorney has as much time as
possible to assist with the appeal. It is generally
not advisable for claimants to attempt to represent
themselves during the administrative appeal process.
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How will
Hartzell & Whiteman, L.L.P. evaluate my case?
A member of our staff will interview the claimant to
determine the basic outlines of the case. In the event
we determine that the case has merit, we request the
claimant to schedule an appointment to meet with one
of our attorneys and a paralegal. Usually we are able
to tell the claimant during the initial meeting whether
we will be able to take the case.
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What records
do I need to bring to the first meeting?
The claimant should bring everything related
to the disability claim. It is especially important
for the lawyer to review the insurance policy or employee
benefits plan, the last denial letter, any medical records
and anything the claimant submitted to the insurance
company or claims administrator.
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Will the
initial consultation cost me anything?
No.
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What kind
of cases will you not take?
The most common reasons why we decide not to
take a case are a poorly documented claim and the appeal
time has run, and weak or inconsistent support by the
claimant's physicians.
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How will
I be charged for attorney's fees in the event you take
my case?
Lawyers typically work on one of three fee arrangements:
contingency fee, hourly fee or flat fee. In a contingency
fee arrangement, the lawyer will charge a percentage,
usually 25% to 40%, of the amount of any recovery received
by the claimant. While the amount of a contingency fee
is sometimes larger than an hourly fee would be, the
lawyer would receive nothing if the case turned out
to be unsuccessful. Hourly fees are computed based on
the time expended by the lawyer and staff times their
hourly billing rates and are payable regardless of the
outcome of the case. Sometimes a lawyer will charge
a flat fee for a case, or a phase of a case.
The fee agreement, and the amount of the expected fee,
is something that the client and lawyer should discuss
thoroughly before any significant legal services are
rendered. It is our standard practice to reduce the
fee agreement to writing to avoid possible misunderstandings.
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What costs will
I have to pay in addition to attorney fees?
In addition to legal fees, the client is responsible
for all expenses associated with the case. These expenses
include such things as filing fees, deposition expenses,
copying costs, long-distance telephone charges, delivery
charges, expert's fees for consultation or testifying,
and any travel expenses. Expenses must be paid regardless
of the outcome of the case.
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In the event
of a lawsuit, what damages can I claim?
In non-ERISA cases, the plaintiff may recover
damages caused by the insurance company's breach of
contract. The plaintiff might also be able to raise
additional claims if court finds that the insurer's
refusal to pay constitutes bad faith. In North Carolina,
the state consumer protection statute provides for recovery
of treble damages and attorney's fees in certain instances.
Punitive damages may be available in extraordinary cases.
In ERISA cases, damages are limited to the benefits
provided in the benefit plans. The court may award attorney's
fees and costs in its discretion. However, attorney's
fees and costs may not be recovered for work performed
during the administrative appeal.
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How long does
the process take?
Appeals can be resolved in a number of months.
ERISA provides that a claims administrator must decide
an appeal within 45 days, but may extend the time for
an additional 45 days. Lawsuits, on the other hand,
frequently take 18 months to two years to resolve at
the trial court level. Appeals can involve significant
additional delay.
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How do I get
started?
We would like to have the opportunity to discuss
your case with you on confidential, no cost basis. Please Contact Disability Benefit Attorneys
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