803momof2boyz
Junior Member
What is the name of your state (only U.S. law)? South Carolina
Hello,
My long term disability carrier terminated my benefits a few months ago. They had been paying me for 11 months with no problem. Then all of sudden, I receive a call from a claim rep advising that I no longer fit the criteria for disability. I have consulted with a nationwide long term disability firm that I found via Google. I only found one complaint with the bbb and it was something minor. The attorney advised that they can help get my benefits reinstated and possibly negotiate a lump sum policy buyout. I'm 40 and per my policy, Metlife has to pay me until I'm 65, so the attorney says that they would probably buy out my policy. Once my benefits are reinstated(hopefully, they will be reinstated upon appeal and I don't have to sue) the attorney advised that they(the attorney office) will get 33 1/3 of my back and future monthly benefits. And if we have to go to litigation, once my benefits are awarded, they would then take 40% of my back and future benfits. This just doesn't seem right. I questioned the attorney about the fees and stated that I felt they were high and he advised that they are putting in hours building up my case for an appeal and possible litigation. He also mentioned that they would pay for medical reports, court fees, depostion fees, expert witness fees and they may send me for a functional capacity test. He says that the money the recover is for everything mentioned. So, I asked the hourly rate and he said it was 425.00 an hr. Even if it took a year to get my benefits reinstated, I just don't think it's fair that they would get a portion of my monthly benefits until I'm 65. And, once I'm approved for SS Disability, Metlife will offset my monthly benefit by whatever they give me. Well, the attorney still wants their 33 1/3 or 40% of my GROSS monthly benefit regardless of the offset by SS Disability. Is this fair? I have not signed the contract. I have spoke to a few attorneys in my area and they have no experience in ERISA cases. I even contacted the SC Bar Association and they located one attorney who specialized in long term disability cases and he wanted 50.00 just to speak with me over the phone. I'm sorry I have written a book! I just need solid advice. Thanks!!
Hello,
My long term disability carrier terminated my benefits a few months ago. They had been paying me for 11 months with no problem. Then all of sudden, I receive a call from a claim rep advising that I no longer fit the criteria for disability. I have consulted with a nationwide long term disability firm that I found via Google. I only found one complaint with the bbb and it was something minor. The attorney advised that they can help get my benefits reinstated and possibly negotiate a lump sum policy buyout. I'm 40 and per my policy, Metlife has to pay me until I'm 65, so the attorney says that they would probably buy out my policy. Once my benefits are reinstated(hopefully, they will be reinstated upon appeal and I don't have to sue) the attorney advised that they(the attorney office) will get 33 1/3 of my back and future monthly benefits. And if we have to go to litigation, once my benefits are awarded, they would then take 40% of my back and future benfits. This just doesn't seem right. I questioned the attorney about the fees and stated that I felt they were high and he advised that they are putting in hours building up my case for an appeal and possible litigation. He also mentioned that they would pay for medical reports, court fees, depostion fees, expert witness fees and they may send me for a functional capacity test. He says that the money the recover is for everything mentioned. So, I asked the hourly rate and he said it was 425.00 an hr. Even if it took a year to get my benefits reinstated, I just don't think it's fair that they would get a portion of my monthly benefits until I'm 65. And, once I'm approved for SS Disability, Metlife will offset my monthly benefit by whatever they give me. Well, the attorney still wants their 33 1/3 or 40% of my GROSS monthly benefit regardless of the offset by SS Disability. Is this fair? I have not signed the contract. I have spoke to a few attorneys in my area and they have no experience in ERISA cases. I even contacted the SC Bar Association and they located one attorney who specialized in long term disability cases and he wanted 50.00 just to speak with me over the phone. I'm sorry I have written a book! I just need solid advice. Thanks!!