OUR FEES

We custom tailor our fee structures based on your needs and the complexity of the case, and can provide a contingency fee structure, a fixed fee structure, or work on an hourly basis.

• Consultations

  After providing us a few basic facts about your matter, you will receive a free case evaluation and may qualify for a complimentary meeting with a Long-Term Disability Attorney.

• Contingency Fee Claims and Appeals

  We earn no fees unless we recover for you. You will know the precise fee earned for success because our contingency fees are based on a total number of months of benefits, and do not increase just because the past-due amount increases. You’ll never worry we drag your case out to increase the fee earned. We design a plan to complete your appeal in 90 days or less, while providing you the best chance of success.

• Fixed Fees

  We can create a fixed fee structure for claims and appeals based on your needs and the complexity of the case. Our fixed fees do not include litigation, however, as the time investments in litigation can be highly unpredictable.

• Hourly Fees

  You pay us for the time we spend at our normal hourly rates, and you have greater control over what time we spend. Some clients prefer to have a greater role in preparation of the claim or appeal, and want us to consult on the most strategic elements of the claim.

• Consultations

  After providing us a few basic facts about your matter, you will receive a free case evaluation. Due to our expertise, high demand for consultations, and the amounts in dispute often not lending themselves to a contingency fee structure, we are unable to provide complimentary consultations with an attorney at this time. If, after submitting background information and documentation, you wish to schedule a meeting with a Health Insurance Attorney, however, we charge $250 for the meeting. If you elect to hire us, we will credit you this consultation fee on our fee to handle the case.

• Fixed Fee Appeals

  For appealing denials based on a policy exclusion or limitation, we charge $3,500 for an appeal. For appeals based on medical necessity, we charge $6,000. Because successful disputes with health plans generally result in payment directly to a medical service provider, we cannot perform claims or appeals on a contingency fee basis. If the appeal is unsuccessful, there may be an opportunity to litigate the matter on contingency, as ERISA can allow attorney fee shifting, where the other side ends up paying your lawyer for time spent in litigation.

• Litigation

  ERISA may allow a court to make the plan or insurer pay for the time your lawyer spends litigating the matter, if you are successful. Not all victories result in attorney-fee shifting, however, so we must evaluate the case to determine if we can perform litigation on contingency of fee shifting.

Michael is the leading lawyer helping individuals in retirement benefit disputes. Due to the complexity of regulation and operation of Retirement Plans, and the dearth of other lawyers with Michael’s knowledge in these matters, Michael performs most of the work on retirement and pension matters himself.

Supplemental Executive Retirement Plans (SERPs)

• Contingency Fee

We can often handle SERP disputes on a contingency fee basis. We earn no fees unless we recover for you. These claims are higher risk than other types of retirement claims because ERISA does not afford most of the statute’s protections to SERPs, except requiring the same civil enforcement mechanism. We will custom tailor a contingency fee structure based on your needs and the complexity of the case.

• • Fixed Fees

    Due to the complexity and often significant stakes of SERP claims, we unfortunately cannot offer fixed fee structures at this time.

  • Hourly Fees

    You pay us for the time we spend based on our normal hourly rates, and you have greater control over what time we spend.

Other Retirement and Pension Claims and Appeals

• Contingency Fee

  Due to the unique regulations that apply to pension plans, we most often cannot perform work on pension claims or appeals on contingency. We may be able to handle litigation on a contingency fee basis, though, because the ERISA statute can, in some circumstances, enable us to obtain fees from the party we sue. But fee shifting is not guaranteed, so we are selective about the cases upon which we work.

• Fixed Fees

  We set a fixed fee amount to handle the claim or appeal. We charge $7,500 for pension claims and appeals. If the pre-litigation process is unsuccessful, we may be able to proceed to litigation on a contingency fee basis, depending on the likelihood we can recover fees from the party we sue.

• Hourly Fees

  You pay us for the time we spend based on our normal hourly rates, and you have greater control over what time we spend. You can see a table of our normal hourly rates here.

• Contingency Fee

  We earn no fees unless we recover for you. We custom tailor the contingency fee based on your needs, the complexity of the case, and the amount in dispute. There is usually a limited amount of time in which to challenge a life insurance denial. We put in the extra time to deliver the highest caliber of representation our clients have come to love and expect.

• Fixed Fee Appeals of Coverage for the Insured

  Some life insurance matters, such as revocation of coverage without a claim for the benefit, and waiver of premium due to disability, lend themselves best to work on a fixed fee basis because there is not yet a claim for payment of the life insurance benefit. We charge $5,000 to appeal a revocation or loss of coverage.

• Hourly Fees

  You pay us for the time we spend based on our normal hourly rates, and you have greater control over what time we spend.

• Contingency Fees

  We earn no fees unless we recover for you. We custom tailor the contingency fee based on your needs, the complexity of the case, and the amount in dispute. There is usually a limited amount of time in which to challenge the denial, as our client needs the insurance proceeds to cover necessary long term care expenses. We must put in the extra time to deliver the highest caliber of representation our clients have come to love and expect.

• Fixed Fee Appeals of Coverage for the Insured

  If the insurer contends coverage lapsed or a claim is otherwise excluded, not on the basis of meeting the requirements to trigger payment, we can perform an appeal on a fixed fee. We must custom tailor the fixed fee based on the unique nature of the policy exclusions, your needs, and the urgency of the matter. Any fixed fee does not, however, include litigation. If the fixed fee pre-litigation is unsuccessful, we may be able to pursue the matter in litigation on a contingency fee basis.

• Hourly Fees

  You pay us for the time we spend based on our normal hourly rates, and you have greater control over what time we spend.