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Clients frequently ask ?when is a good time to get an attorney involved in my claim?? If cost were no concern, we would always advise that an attorney should be involved right from the beginning. We can shed light on the meaning of complicated policy or plan provisions, identify the kinds of evidence necessary to convince a claim administrator (or court) to approve a claim, provide advice regarding applicable state and federal laws, and may be aware, through contact with many clients, of emerging insurance company practices that suggest bad faith or may be suitable for a class action lawsuit. If you or an attorney representing you have run into complicated insurance or ERISA claim issues, we may be able to provide assistance as consulting attorneys or co-counsel. For more information regarding consultations, click here...
Once a claim has been denied, it is often helpful (and sometimes mandatory) for a claimant to submit to the insurance company or claim administrator an internal appeal or request for reconsideration. In ERISA cases, for example, administrative appeals are generally mandatory and subject to strict time deadlines. Failure to "exhaust" an internal appeal procedure may prevent a claimant from later pursuing a lawsuit. Moreover, if the claim administrator or insurer refuses to overturn its decision on internal appeal, and a claimant is compelled to file a lawsuit to pursue his or her rights, the evidence presented to the court may be limited to the so-called "administrative record" (the medical records and other evidence submitted or generated during the internal appeal). Consequently, attorney assistance during the claim reconsideration process can be crucial to ensure that a comprehensive administrative record has been compiled. For more information regarding claim denial appeals, click here...
At any time during the claim process (or in the course of litigation), it may be possible to settle an outstanding claim (or claims) directly with the claim administrator or insurance carrier. Some disability insurers periodically review their "portfolio" and, even if there is no outstanding dispute, may make a "lump sum settlement" offer. We advise and represent our clients in these various kinds of settlement negotiations to ensure that their rights are protected and to maximize the amount of the settlement that is achieved. For more information about how we can assist you in settlement negotiations, please click here...
Although we try, whenever possible, to achieve a successful resolution of our clients' claims without a lawsuit, we are ready and able to enforce our clients' rights in court, if necessary. We are admitted to practice in both the state and federal courts of New York, and have handled cases at all levels from trials through to appeals, if necessary, to the highest courts of New York. For more information about our litigation services, click here...
In addition to helping our clients with disability, health, and life insurance matters, we also provide other miscellaneous property and estate planning services, such as the preparation of simple wills, powers of attorney, health care proxies and medical directives, as well as representation of our clients in the sale or purchase of cooperative and condominium apartments in New York City. For more information about the other services we provide, click here...
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