Guide to Finding an ERISA Disability Attorney After a Denial
When your disability claim under an employer-sponsored plan is denied, you need the right kind of attorney — not just anyone who calls themselves a “disability lawyer.” ERISA claims are technical, deadline-driven, and stacked against you. Here’s exactly what you need to look for:
1. Make Sure They Handle ERISA Disability Claims — Not Just SSDI
- Ask: “How many ERISA disability cases have you handled?”
- Ask: “Do you routinely litigate ERISA cases in federal court?”
- Red flag: They mainly talk about Social Security Disability (SSDI) cases.
2. Look for Experience Fighting Major Disability Insurers
- Ask: “Have you handled cases against my insurer (e.g., Unum, Cigna, Hartford, MetLife)?”
- Bonus: Ask for examples of past ERISA successes (appeals, lawsuits, settlements).
3. Ensure They Know How to Build the Administrative Record
- Ask: “How will you supplement the record during the appeal?”
- Fact: ERISA rules usually block adding new evidence later. Screw up the appeal, and you’re dead in court.
4. Confirm They Are Willing to Litigate — Not Just Settle
- Ask: “Will you file a federal lawsuit if necessary?”
- Ask: “How many ERISA lawsuits have you filed in the past 12 months?”
- Red flag: Lawyers who pressure you to settle without a fight.
5. Choose Someone You Can Actually Work With
- Good signs: They listen, explain clearly, and set realistic expectations.
- Bad signs: They rush you, talk over you, or dodge tough questions.
Bottom Line
ERISA is a rigged game. Hire a real player — not a rookie, a generalist, or a “we’ll see” lawyer.
Taking these steps seriously can make or break your case.