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Our firm has substantial experience handling and winning claims denied under policies governed by the Employment Retirement Income Security Act (ERISA), the federal law that controls most group long-term disability plans. For example, we won $322,000 in back benefits, plus potential future payments of as much as $3.7 million, for an attorney who was denied long-term disability pay after contracting multiple sclerosis. We also won $277,000 in back benefits, plus ongoing future payments, for an insurance agent who was forced by severe brain and spine disorders to close her business. Losing the ability to work for a long period because of an illness, accident, or other disability is a harrowing experience. Insurers make matters worse by denying long-term disability claims in an estimated 60% of cases, citing reasons ranging from inadequate medical evidence to failure to comply with specific policy requirements. Handling ERISA cases requires specialized legal knowledge. Even attorneys experienced in representing plaintiffs in workers’ compensation and Social Security disability claims will often refuse to handle ERISA cases. The federal law tilts the playing field in favor of employers by forbidding jury trials or punitive damages. Even federal judges agree that ERISA stacks the deck in favor of employers. If you are considering applying for long-term disability benefits or have recently had your application denied, we will advise you on the best legal strategy to follow. We can help you file the most effective application possible. And if your claim was denied, we will analyze the reasons, collect evidence to support your appeal, and handle all the paperwork and communication with the insurance company. Don’t hesitate to reach out to us today at 816-837-4433 for a free consultation. Frequently Asked Questions ARE YOU EXPERIENCED IN HANDLING CLAIMS UNDER ERISA?
Over the course of my dad’s career, I saw him transition from defense to the plaintiffs’ side. That sparked my interest in doing the same. Just as prosecutors do in the criminal justice system, plaintiffs’ attorneys seek justice for people who have been wronged but through the civil system. Looking back, I think my dad didn’t want us to go to law school because he knew it was a difficult profession. We are dealing with people’s problems all the time. He was probably frustrated by the heavy time demands. He understood the business of law can be challenging, and it is. But for my dad, and for me as well, the law revolves around people’s stories. By listening, being present, and being authentic, honest, and kind, we try to build relationships so strong that our clients will trust us with the hardest aspects of their lives. When people ask me what I do, I say I tell my clients’ stories to skeptical insurance companies or juries. I love that part of my job. Those are some of the lessons I took from my dad. We listen, help them with their problems, and tell their stories to skeptical juries and judges. On the first anniversary of his passing, I know I will continue to find meaning in all he taught us for years to come.
-Kevin McManus
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WHAT IS KEVIN READING? The Five Dysfunctions of a Team By Patrick Lencioni Pageturners
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