Frequently Asked Questions
Brief answers to common questions. Contact us to discuss your particular claim.
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We help:
1) Private employees pursuing short- or long-term disability benefits. These claims are usually governed by the Employee Retirement Income Security Act of 1974 (ERISA).
2) Public employees pursuing state or federal (FERS) disability retirement benefits.
3) Union employees with pension or disability retirement disputes.
4) Life insurance insureds and claimants with claims, administration, and interpleader disputes.
5) Applicants for Social Security Disability Insurance in Alaska only.
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You may have other claims related to your case and we can help you find specialist counsel to help.
We assist Alaska residents with Social Security Disability Insurance applications and appeals.
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You are. (We’ll help!)
We will handle day-to-day communications with your insurer, help organize and present your claim, and respond to your insurer’s requests and decisions. We’ll keep you up to speed and you control whether and how to resolve your case and whether to pursue further reviews and appeals.
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Yes. We can help you negotiate with your insurer for a fair lump-sum payment of your benefits entitlement.
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We are a Washington-incorporated firm and get our mail in Spokane, but we operate a “virtual” office built to connect to our clients where they (and we) are.
We provide top-tier legal services from Utqiagvik to Ashland, connecting with you by phone, email, video-conference, text message, web portal, fax, or mail.
We have physical offices in Bellingham, Washington, Anchorage Alaska, and Bend, Oregon, available by appointment only.
You’ll usually find our lawyers in British Columbia.
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We use information collected from this website solely for business purposes, primarily communicating with potential and current clients about our services but also improving the quality of the website and analyzing usage trends and monitoring specific pages.
We do not sell or share your information with third parties for marketing or promotional purposes.
We will not disclose the personal information you provide to us without your consent, except as required by law, to our independent contractors who host and maintain our website and email services; and to service providers or suppliers if the disclosure will enable that party to perform business, professional or technical support for us.
This website contains links to other sites. We are not responsible for the content or privacy practices of other sites.
Our Services
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If you work for a private employer, you probably are entitled to appeal your denial under the federal law called ERISA (that’s short for the Employee Retirement Income Security Act of 1974).
Federal regulations require your benefits administrator to provide an opportunity to appeal denial of your claim. Appealing a denial administratively is also usually a requirement before you can file a benefits lawsuit in federal court.
Even if your claim doesn’t fall under ERISA you likely have appeal rights and can challege a denial in court.
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Claims are rejected for many reasons and early treatment records often don’t document the extent of an impairment. Updated records and provider opinions can make a big difference. The opinions and evaluations of experts and your supporting statements or statements from individuals who know you can also be important.
Appealing a denial on time and with your best evidence is crucial to enforcing your rights. An appeal is usually required before you can file a lawsuit.
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In some cases, benefits plans permit a second appeal and we can help strengthen your claim before considering a lawsuit.
If that isn’t an option, we can evaluate whether your claim is suitable for filing a lawsuit to recover your benefits in federal court.
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Private disability insurance lawsuits are heard in federal court. A judge will generally review the “record” (the claim administrator’s file, including all the evidence you submitted) and determine if you are eligible for benefits.
Federal court review is usually a “de novo” review, meaning the judge determines your eligibility for benefits independently without giving any weight to the administrator’s decision against you. Sometimes your benefits plan is entitled to an “abuse of discretion” review that does give the previous decision weight. In either case, you and your benefit plan each submit briefs explaining your positions on the basis of the evidence in the record and the court will make a decision.
Although a lawsuit may result in a judicial decision, you can also choose to settle with your insurer if you can come to an agreement.
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After receiving a new claim, federal regulations require benefit plans to decide the claim or request additional information within 45 days. Initial claims usually take between 45 and 120 days to get a decision, depending on how quickly you respond to any requests for information.
If an administrative appeal is needed, it can take 45-120 days after the appeal is submitted to get a decision, again depending on whether new information is requested. In a complex case, the administrative claim and appeal process could take up to 6 months. If the claims administrator takes too long you can sue to move your claim to judicial review promptly.
If you are denied by your benefit plan, you can file a lawsuit in federal district court. It usually takes 3 to 6 months after filing for early issues to be dealt with and to explore settlement. If a judicial decision is needed, it usually comes within a year after the case is submitted. Unfortunately, decisions can sometimes take longer.
Appeals of a federal district court’s benefits decisions are uncommon, but if you or your claim administrator appeal a judicial decision it may take up to two more years to resolve.
ERISA Disability Process
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For disability claims we typically work for a contingent fee, meaning you only pay us legal fees if your claim is successful.
For other cases we will propose a contingent, flat, or hourly fee arrangement appropriate for the matter.
When hired hourly our rate is $400/hour.
Detailed terms and conditions governing any specific engagement will be provided in a written engagement letter.
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You are responsible for the direct costs of your claim or lawsuit – things like document mailing costs, printing, court fees, process servers, and mediation expenses. You might also choose to obtain testing or expert opinions to support your claim, and those expenses are your responsibility.
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Engagement Terms
