Attorney’s Fees

Attorney’s fees are problematic in cases involving claims for Long Term Disability benefits.  The first point is that it is not a personal injury case like the ones you see attorneys advertising for. 

The claim for Long Term Disability benefits does not lend itself easily to a straight contingency fee for both the client and the attorney.

            Part of the problem involves cases governed by the federal statute commonly referred to as “ERISA.”   Unfortunately, that statute has a very weak attorney’s fee provision which an attorney cannot rely upon as a basis for getting paid.  Also, while the purpose of retaining our services would be primarily to secure and maintain regular monthly payment of benefits.  If we are successful in doing so, there will be a lot of administrative matters and paperwork which have to be addressed, over and above the primary issue of entitlement.  During this, we continue to handle the paperwork and whenever you talk to someone about your case, it will be with us, the ones on your side, protecting your interests.

            Here at Herbert M. Hill, P.A., we believe that once you become our client, you remain our client as long as you need help on the claim.  We do not leave you high and dry once the benefits are secured and the attorney’s fees paid.  We seek to enhance your recovery by making sure the insurance company knows you have continued representation and cannot be bullied by an over zealous claims representative.

            So, I have learned to be flexible about attorney’s fees.  There is the occasional case where the client wants to pay an hourly rate.  A flat fee is also an alternative.  Most cases lend themselves to a flat fee coupled with a reduced contingency percentage fee.  The exceptionally rare case is the one I will take on a straight contingency.  I do not understand how other attorneys can take cases on this basis regularly unless the plan is to abandon the client at the earliest opportunity, a result which I have seen all too often.

            If you want to talk it over further, please give us a call at 407-839-0005 or, toll free, 844-454-59995.  If you would like, after discussing your case, we can set a conference.  In most circumstances, that conference would be free of charge but in no circumstance would you be under any obligation to hire me nor would you feel any pressure from me to do so.

            Herbert M. Hill, P.A. is a law firm located in Orlando, Florida with a practice extending throughout the state of Florida.  While the vast majority of cases handled are for disability insurance benefits, areas of practice include employee benefit claims of all sorts.  The firm handles any claims arising under the Employee Retirement Income Security Act (“ERISA”) for disability benefits, medical benefits, retirement benefits of any sort, including pension, 401k, termination agreements or the like as well as claims arising under private disability policies.

By |2019-06-25T10:13:46-04:00June 10th, 2019|Blog, Long Term Disability|0 Comments