MONTHLY TIME COMMITMENT Cases From Other Attorneys
HOW WE OVERTURNED AN UNJUST DENIAL FEDERAL JUDGE ORDERS OMAHA LIFE TO PAY Our client was 64-year-old Bill (not his real name). He had hypertension and blood pressure that predictably spiked with his anxiety and panic attacks triggered by his high-stress career as a safety and emergency manager. His primary care physician advised him to stop working or risk having a stroke. He was earning $84,645 annually and hated to stop working. But his condition wrecked his personal, family, social, and professional lives and made it impossible for him to work at his stressful job. Bill was glad he had a long-term disability insurance plan and policy he paid for to protect himself and his family. But Omaha denied his claim, stating that his evidence was insufficient to prove his case, despite his treating physicians’ unwavering opinions that working would put him at risk of a stroke. He appealed, but Omaha denied the appeal as well.
Superior Communication and Follow-Up Without Exception The referring attorney must never have to wonder about the status of a case, so your system must let the referring attorney know you have contacted the client and either signed or declined them. If you signed the client, the system needs to update the referring attorney by email about the case’s progress without the referral attorney needing to ask how it’s going until you conclude the case and disperse fees. If you decline the client, you must copy your referring attorney by email with a respectful decline letter to the client, outlining the reasons and advising that if they ever need future legal services, they should contact the referring attorney. This must always happen without exception. The referring attorney trusts you to serve the client well, keep them informed, and honor any fee-sharing agreement. Fumble on that once, and you’ll lose that trust and never see another referral from that attorney. Superior Client Service and Experience Your referring attorney is putting their reputation on the line by trusting you. The last thing they want is for the referred client to feel that retaining you was a bad idea. You want to ensure the client raves about their experience with you and your office. Broad Awareness of Your Core Practice Area and Why You’re Worthy of Their Trust You must let noncompeting attorneys know your core practice area and how it benefits them to refer a case to you, then remind them of those facts regularly. In addition to traditional avenues of communication, a mailed newsletter like this one is a great way to get the word out. You simply compile a list of addresses for noncompeting attorneys and send it! Then, as you’re spreading the word about what you do, your newsletter readers can seamlessly direct the caller to you for evaluation by email. Instead of turning potential clients away, they can just as quickly send them to you and split fees in compliance with Bar rules. It’s a win-win!
Being accustomed to a steady (and high) wage, Bill was scared to death about losing everything. He never imagined having to fight Omaha for the benefits he purchased to protect himself, all while coping with a difficult medical condition. But Bill was also scared to work. In Bill’s own words: “If I try to perform my usual job duties, I will begin to get anxious, and my blood pressure will rise. When this happens, I get headaches, shortness of breath, and blurred vision. Xanax helps, but I need to lie down and decompress for 2–4 hours, depending on the stress level I have experienced. My required medications cause dizziness and drowsiness, leading to errors and the inability to keep pace as required to accomplish any work timely because my ability to do everything is much slower, including all activities of daily living and attending daily work meetings. I cannot concentrate on one task and experience increased anxiety over the pressure to complete my work.”
We also had Bill’s wife and a few close friends testify that they observed Bill having panic attacks.
Thankfully, presented with undeniable new evidence, the judge found Omaha’s denial of Bill’s claim to be arbitrary, capricious, and in bad faith and ordered Omaha to pay full benefits and attorney’s fees. In the end, because he continued to fight, Bill maintained his financial security while taking some much-needed time to relax, pursue further treatment, and focus on healing. It was an honor to help this wonderful gentleman overturn such an unfair claim denial!
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