appealing disability ins claim

[needanswrs]

I filed a disability claim with Prudential disability co and was denied. I filed with SSD and was approved I feel I am and my Drs. also that I am totally disabled. I live in Arizona and have contacted attorneys but they want 40% of my disability judgement. It really after the 40% isn't worth pursuing. Can you please give me info on how to appeal myself or low cost help I can find in Arizona I only can find 2 lawyers that handle erisa cases. I do need the income but cannot afford an expensive attorney. Thank you in advance for any help you can give.

 

[ALawyer]

If you have really tried hard on your own, it is time for a lawyer. But did you follow the suggestions in FreeAdvice.com under insurance and bad faith on how to get claims paid without a lawyer?

If so, Ask the state insurance department for help.

Then look for insurance bad faith lawyers in a neighboring state, such as California; such as Orange County or LA. Or call the AZ state or county bar association and ask them for other lawyers.

If lawyers can demonstrate BAD FAITH on the part of the insurance company -- and as SSD is usually harder to get, it may well be bad faith -- then punitive damages are possibly available. Offer the lawyers heep 60% of the bad faith and 20% of the rest.

Consider the amounts involved. For example it is about as much work for a lawyer to get payment if the benefit is $10,000 per month as it is if the benefit were $1,000 per month. If the benefit is smaller, the lawyer would get a lot less for a fee and would want a higher percentage.

You might be able to pay the lawyers a modest hourly fee with a smaller contingent percentage fee when they win.

Also, 40% of the ongoing benefits sounds unreasonable IF the policy benefits continue for the next 20 years; if the benefits run for just 2 or 5 years, and the face amount is small that's different as 40% produces a dramatically different fee.


[Edited by ALawyer on 01-26-2001 at 10:48 AM]

 

[kcarlee2]

disability

Why were you denied disability with prudential. Did you talk to them directly? I was also denied by them but after hearing my side of the story they approved me. In Michigan the lawyer fee for workmens comp is 30% contingency fee but that is only up to when claim is settled.


This is not legal advice. I am not a lawyer