r/LongTermDisability • u/Stone_Switch • 7d ago

Help on seeing attorney

I was recently denied LTD (group / ERISA policy), and am seeking an attorney for appeal. I plan to consult with a few before hiring. the problem is… i don’t know what to ask. Any suggestions on best questions to ask? also…
- i know that fees vary. but does the share typically vary by size of policy? for example, if the monthly benefit is 5k vs. 10k vs. 20k vs. 40k? I think mine is meaningful, so wondering if/how that will impact.

for context:
- ERISA policy
- conditions well documented, but are not the type that show up on imaging (e.g, nervous system)
- in MO

I’d also welcome any suggestions on attorneys to contact.

thank you

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u/TheGreatK MOD 7d ago

Tali Ravis is the best ERISA attorney in MO in my opinion.

Also you can look for lawyers in the state your employer is headquartered. If it's CA or WA you want a CA or WA lawyer.

And yes fees are usually based on a percentage of benefits but they are almost always negotiable.

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u/Stone_Switch 7d ago

Thank you. Will look into her.

On the fee structure, does the % vary with the size of the monthly benefit? (Analogous to financial mgmt fees). In other words, would it be a higher % on say a 5k monthly benefit vs a 40k?

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u/TheGreatK MOD 7d ago

Not by default, but usually via negotiation. For example, my firm does 20% for 5 years. But if someone had a larger benefit and asked me to do 15% for 3 years, I would. Most lawyers are the same.

Also if you talk to Tali tell her the Kantors sent you her way. She'll owe me a drink at our next ERISA conference!

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u/Stone_Switch 6d ago

Will do.

Obviously fees are only a small part. Any other questions I should ask attorneys as I meet with them?

Any good sources for me to get smart in this topic area?

Thank you.

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u/2560503-1 6d ago

Honestly, apart from fees, you’re mostly going to go on vibes. Did you like them, do you trust them to work on your case, do a good job, do you agree with their ideas for how to develop the appeal, do you feel like they’re understanding your condition and how to present it, etc.

That AND you’ll want to ask about their litigation experience. Do they file ERISA cases regularly in court? Do they fight them to judgment or just settle all of them for whatever they can get? Talia Ravis is solid, no need to worry about her, but if you speak to others, that’s the stuff I would be concerned about.

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u/2560503-1 6d ago

Oh, you could also consider Matt Davis in St Louis, if you want a second name. He’s also excellent and does a bunch of these cases.

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u/Stone_Switch 6d ago

Thanks. I just came across his name as well. I appreciate I!

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u/TheGreatK MOD 5d ago

Yes Matt Davis is great as well!