Attorney fees/ERISA insurance case

[58Chrysler]

What is the name of your state?
Michigan
I was recently terminated( wrongfully) from my ERISA longterm disability benefits that I have been drawing for 13 yrs. Basically the termination was a crime of opportunity...relocation, new dr,(GP with not a lot of experience in either fibromyalgia OR insurance disability benefits) and insurance co discovering that my husband is no longer living(assuming that I no longer have a support system or financial support enabling me to fight back)
Anyway, I have been in contact with an attorney downstate who is willing to take my case,but he wants a $4,500 flat fee, or a $2500 flat fee PLUS a 3rd of the first 24 months of my future benefits( which in and of itself is over $6,000) therefor because I'm lower income, I get to pay MORE for for legal representation.
Is this par for the course? Do I have to permit myself to be finacially raped by both the LTD insurance co AND the attorneys?

I'm already checking some of the local attorneys, considering contacxting legal aid, or even filing the appeal myself.
I have managed to be taken as a patient with a local medical office that specializes in chronic pain conditions,and supporting CP patients with insurance /work comp claims and have NEW issues to report,as well as new documentation/medical evidence of old issues that somehow or other the ERISA insurance co mysteriously no longer seems to have.If I simply get my drs to help me prepare a bunch of new documentation/evidence,and the insurance co chooses to ignore or downplay it, what's my next level of appeal?
Opinions? suggestions?
NOT fighting is NOT an option, we are talking about over $ 60K in benefits that are owed to me provided I live til age 65...
Cindy O

[las365]

Do I have to permit myself to be finacially raped by both the LTD insurance co AND the attorneys?

This comment is offensive to me. The attorney you spoke to is asking for fees of 10% or less of your potential gain. Standard contingent fee is generally 1/3. He's offering you a bargain, lady, and your response is to whine that it's like rape? Pfft. Do it yourself.

[58Chrysler]

OK, my reference to financial rape was directed more at the insurance co than the attorneys.Sorry you took offense. And thank you for sharing your opinion.
HOWEVER;

I don't know how you could determine the percentage since I did not mention the amount of the monthly benefit or how long I can draw the benefit.
I did the math, and the "payment plan" ($2500+ 1/3 of 24 months future benefits) actually comes up to almost DOUBLE his "standard" fee.

And it is not financial GAIN; rather it is RESTORATION of a benefit I PAID FOR when I was gainfully employed, and that the insurance company have been paying for 13 yrs.

As to doing the appeal myself, that thought has crossed my mind, I'm going to get a lot of new "evidence" and the support of specialists who have dealt with WC/insurance compensation cases
But since I really believe that this action is based on the insurance co's perception of a cost effective OPPORTUNITY to execute a termination, that the benefit recipient( me) will be unable to effectively challenge, having my appeal prepared and presented by an attorney may serve as a "pre emptive strike", and establish that I CAN and WILL fight them.
^^^^
Any USEFUL thoughts/comments( pro or con) to that theory?
Cindy O

[58Chrysler]

Originally Posted by las365

This comment is offensive to me. The attorney you spoke to is asking for fees of 10% or less of your potential gain. Standard contingent fee is generally 1/3. He's offering you a bargain, lady, and your response is to whine that it's like rape? Pfft. Do it yourself.

OK I see I did mention some general figures. Be that as it may, the contingency fee for SS disability, and I believe the same for Worker's comp, is 1/3 of the "back pay"...in other words the benefits accrued while the claim was in application process and whatever denials,appeals, administrative law hearings necessary to get benefits. And if the case is not won the attorney can't charge fees, anyway under Social Security Disability procedures. They certainly do not get to claim 1/3 of the client's entire "potential gain", or 1/3 of the first 2 years of "future benefits". I REALIZE that ERISA isn't exactly the same as SSD or WC. But what really bothers me is the fact that if I can't come up with $ 4500 up front, the lawyer's "special arrangement" will cost me ove $8000.Yes I know it's perfectly legal and for someone who has another source of SIGNIFICANT income( like a spouse with a good income) or who lives as a dependent in someone else's care, and doesn't have TOTALLY support themselves, probably paying a $4500 fee upfront is a workable solution. But for me it isn't.
I'd be delighted to hear useful,constructive suggestions. I'm not asking for FREE services, just some ideas of either how to find attorneys that will handle this on a contingency or what the process is to appeal it myself( I expect to have a pretty fair amount of NEW "objective/clinical" evidence, plus the support of doctors who have more experience in supporting patients who have to fight for benefits due them. My dr is a good dr, this is NOT her fault. They jerked her around too. I think the BULK of her practice is financially secure retirees, NOT disabled people living on a fixed income, part of which is insurance benefits or workmans comp.
Cindy O