In anticipation of reading this writing about mediation preparation of ERISA cases, it is important that you read the writing on “Mediation Preparation – General” so the following makes as much sense as possible.
Mediation of cases under the federal statute commonly referred to as the Employee Retirement Income Security Act (or “ERISA”), are very difficult because there is an inherent unfairness in the process of the statute and case law emanating therefrom. As I have said elsewhere, ERISA is one of the cruelest jokes Congress has played on the working men and women of this country, leading them to believe they have a valid policy of disability insurance when they really do not because of all the power wrongly given the insurance company.
I have a sense that a lot of attorneys who handle these claims do not really explain the unfairness inherent in the system because when mediation starts, during the opening remarks, the attorneys for the insurance companies will routinely take a lot of time explaining the statutory framework which works against the claimant. Of course, they will overstate how much the law is in their favor, just as their clients have “cherry-picked” their way through the medical records to reach an unreasonable conclusion that the claimant is not disabled. There are ways to defeat these wrongful benefit denials but I would be remiss if I did not say it is usually difficult to do so.
Accordingly, it is necessary that my clients have an open mind about the process and the probabilities of success. As a follow up to this writing, I am going to write about a case that is a fairly clear indictment of the unreasonable process implemented by Congress with the ERISA process.
There is more to say and you may have more questions on the subject. Please keep in mind that the foregoing is not intended as legal advice applicable to any individual person’s unique legal situation. Anyone not a client of Herbert M. Hill, P.A. cannot rely on the foregoing as legal advice and cannot make legal decisions based on its contents. If you have questions, you should contact an attorney who routinely handles claims involving lawsuits and mediation of claim arising out of disability insurance policies. The law offices of Herbert M. Hill, P.A. handle such cases and would welcome the opportunity to discuss your case with you, at no charge. You can contact me at 407-839-0005 or at hmh@herbertmhill.com.
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 (known and referred to as “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.
