Most people call a disability lawyer and ask the same first question: Have you won cases like mine? It feels like the obvious thing to ask, but it rarely tells you anything useful. Every firm will say yes in some form, and the answer says almost nothing about how your specific case will be handled, who will actually work on it, or whether the firm even practices in the part of disability law your claim falls under.
At J. Price McNamara, we would rather a caller ask us harder questions than that one, because the harder questions are the ones that actually predict how a case goes.
We offer free reviews of denied and delayed disability claims, and we expect people to interview us the same way we would interview a firm handling something that mattered to us. Below are the questions worth asking any disability attorney before you sign anything, along with what the answers actually tell you.
None of these questions requires any legal training to ask, and none of them should make an honest firm uncomfortable. Call J. Price McNamara at 225-201-8311 and ask us about every one of them.
The Questions That Actually Predict How Your Case Will Go
Before getting into detail, here is the short list worth asking every disability lawyer you talk to:
- Does this firm handle ERISA claims, state law claims, or both?
- Exactly how is the contingency fee calculated, and what happens if the case goes to litigation?
- Who will actually be working on the file day to day?
- What does the firm do before an appeal is ever filed?
- Has this firm taken cases to federal court, or does it settle everything before that point?
- What documents and deadlines matter most in my specific situation?
Each of these questions has a real, specific answer, and the rest of this page walks through why each one matters and what a solid answer actually sounds like.
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Does This Attorney Handle ERISA Claims, State Law Claims, or Both?
Disability benefits purchased through a private employer are usually governed by the federal Employee Retirement Income Security Act, known as ERISA, while individually purchased policies or certain government and payroll-funded arrangements are usually governed by state insurance law instead. These two paths carry different deadlines, different courts, and different remedies, and an attorney who only knows one of them may miss options available under the other.
Ask specifically whether the firm has handled both ERISA appeals and state law disability claims, and how they determine which framework applies to a given policy. A firm working from a template will describe one process; a firm analyzing your plan will start by asking how the coverage was funded.
A good answer usually includes specifics: which factors the firm looks at first, such as whether the employer purchased the policy through an insurance carrier or paid benefits directly out of general assets, and how that distinction changes the deadline and the range of remedies available. A firm that cannot explain this distinction in plain terms during a first conversation is unlikely to have applied it carefully to your actual claim.
Ask Exactly How the Contingency Fee Works Before You Sign Anything
Most states require a contingent fee agreement to be in writing and to spell out specific terms, and those requirements are more protective than most clients realize. Under Texas Government Code Section 82.065, a contingent fee contract for legal services “must be in writing and signed by the attorney and client.” Texas Disciplinary Rule 1.04(d) adds that the agreement must state the method by which the fee is determined, state each percentage separately where it differs at settlement, trial, or appeal, and state which expenses come out of the recovery and whether they are deducted before or after the fee is calculated.
Louisiana Rule 1.5(c) requires all of that and one thing more: the agreement must clearly notify the client of any expenses the client remains liable for, regardless of whether the client prevails. That is the sentence worth finding in any fee agreement you are handed, in any state.
Ask whether the percentage changes if the case has to go to federal court, and ask who pays for medical record requests, professional reviews, and other case costs along the way. A tiered percentage that rises once a case moves into litigation is permitted as long as the agreement says so, which is exactly why reading that clause before signing matters.
It is also worth asking whether the fee percentage is capped at a fixed maximum regardless of recovery size. Knowing that number in advance avoids an unwelcome surprise at the moment a client should be able to focus on the outcome rather than the arithmetic.
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Who Will Actually Be Working on Your File?
Paralegals and case managers play a legitimate role in most practices, so the question is not whether staff touch the file but who does what. A client should know in advance who reviews the medical records, who drafts the appeal, and how often an attorney is involved in decisions about strategy.
Ask how many active cases a typical attorney at the firm carries at once, and ask what involvement the attorney personally has in your specific appeal, not just the firm generally. Caseload is what determines how much attention any single file gets, so the number itself is worth more than a general assurance about responsiveness.
Ask who reviews the medical records before an appeal is drafted, and whether that person has any medical or vocational background. That answer reveals a great deal about how carefully a firm actually reads the file in front of it.
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Ask What Happens Before Your Appeal Is Ever Filed
The single most consequential period in most disability disputes is the window between a denial letter and the appeal deadline, since the evidence gathered during that window often becomes the entire record a court will ever review. Under 29 CFR Section 2560.503-1, that window is at least 180 days for ERISA disability claims, a floor the plan must meet rather than a fixed number, so an attorney should be able to state your specific deadline without hesitation.
That right traces to 29 U.S.C. Section 1133, which entitles a denied claimant to a full and fair review. Ask what the firm does during that window specifically: do they request the complete claim file, do they order updated evaluations, and do they build a written record that answers the insurer’s stated reasons directly.
A firm that describes its process as writing a strong letter explaining why the denial was wrong is describing an argument, not an evidentiary record. Those are different things, and only one of them tends to change outcomes once a case reaches court. Ask for a concrete example of the evidence gathered before filing, whether that means functional capacity testing, a detailed narrative from a treating physician, or a vocational assessment.
Our Answers to All Six Questions
Price McNamara began practicing in 1990 on the insurance side, defending the companies that write these policies, and has spent more than 30 years since then handling nothing but denied disability, life, and accident benefits. That background shapes every answer below.
- ERISA, state law, or both. We handle both, and we tell callers plainly which framework applies to their specific policy before discussing anything else. The first thing we look at is how the employer funded the benefit, because that answer sets the deadline and the available remedies.
- How the fee is calculated. We work on contingency, so nothing is owed upfront and no fee is owed unless we recover benefits. Our percentage carries a fixed cap and does not increase if the case moves into federal litigation. We front the cost of records requests, plan document requests, and outside professional reviews, and those costs are not billed back to you if the claim does not succeed.
- Who works the file. An attorney, not only a case manager, is personally involved in the strategy behind every appeal we file, and we keep the caseload small enough that this stays true. An attorney reviews the medical records before any appeal is drafted.
- What happens before the appeal is filed. We request the complete claim file and plan documents before writing a word of the appeal, so we know exactly what the insurer relied on. From there we build the evidence that answers it, which may mean functional capacity testing, a treating physician narrative written for the insurer rather than for the chart, or a vocational assessment.
- Whether we go to federal court. We do, and we handle that stage ourselves rather than referring the file elsewhere. Every appeal we build is built with a federal filing already in mind.
- Documents and deadlines in your situation. We give you the specific deadline that applies to your plan on the first call, not a general range. That number comes from your denial letter and your plan document, and it is the first thing we check.
Behind those answers sit The Four Guarantees we extend to every client. No Fee or Cost, since you owe nothing unless we recover your benefits. Transparency, so you know where your claim stands at every stage rather than waiting on an update.
No Risk of Regrets, a 30-day trial period during which you can end the representation for any reason. Complete Convenience, since the firm works 100% virtually and you never need to travel to an office to move your claim forward.
Call J. Price McNamara at 225-201-8311 and ask us any of these questions directly.
What Happens If Your Case Has to Go to Federal Court?
Ask directly whether the firm has actually litigated ERISA cases in federal court, or whether every case that does not resolve at the appeal stage gets referred elsewhere. Filing a lawsuit under 29 U.S.C. Section 1132(a)(1)(B) and drafting an administrative appeal are different skill sets, so it is worth asking which of the two a firm actually does.
Ask how the firm decides when to recommend litigation versus continuing to negotiate, and ask for a general sense of how many cases they have taken past the appeal stage into an actual federal lawsuit. A firm that litigates usually welcomes this question, since it is one of the clearest ways to understand what its practice actually includes.
It is also worth asking whether the same firm handles the lawsuit if a case goes to court, or whether the file gets referred to outside counsel at that point. A referral is not necessarily a bad sign, but a client should know upfront whether the team that built the appeal will be the same team standing in front of a judge later.
Watch for These Red Flags During the Interview
A few patterns are worth treating as warning signs during an initial consultation:
- Any promise about how your specific case will turn out, since no attorney can predict a result before reviewing the actual file.
- Pressure to sign a fee agreement on the spot, before you have had a chance to read it or ask questions.
- Vague or shifting answers about who will actually handle your case day to day.
- No clear explanation of how expenses are handled if the case does not succeed.
- Reluctance to discuss deadlines specifically, rather than in general terms.
None of these signs alone means a firm is a poor fit, but a pattern of several together, especially pressure to sign quickly, combined with vague answers about fees, is worth taking seriously.
What Should You Bring to a Free Consultation?
Bringing the denial letter itself is the most important item, since it usually states the specific reason for the decision and the deadline to appeal. A copy of the policy or summary plan description, recent medical records, and any correspondence with the insurer round out what an attorney needs to give a meaningful first assessment.
If you have already sent a written request for your claim file or plan documents under 29 U.S.C. Section 1024(b)(4), bring copies of that correspondence too. Section 1132(c)(1) lets a court hold an administrator who does not answer within 30 days personally liable for a daily penalty, so the date of that request can matter later.
FAQs: Questions to Ask Before Hiring a Disability Lawyer
People preparing for a first call with a disability firm tend to raise the same practical questions, and these are the ones that come up most often.
Should I be worried if a lawyer wants to see my denial letter before quoting a fee?
No, that is a good sign rather than a bad one. A firm that reviews the actual denial before discussing fees is evaluating your specific case rather than applying a one-size-fits-all pitch.
Is it a bad sign if a disability lawyer wants to request my plan documents before doing anything else?
No, it usually means the opposite. Confirming exactly how a plan is funded and what deadlines apply is one of the first things a careful attorney should do, not a stalling tactic.
How many disability lawyers should I talk to before deciding?
There is no fixed number, but speaking with at least two firms often makes it easier to compare how clearly each one answers the same questions. Consistency and specificity in the answers matter more than the total number of consultations.
Does it matter if the lawyer I talk to is not physically located in my state?
Not necessarily, since many disability claims proceed through paperwork and federal filings rather than in-person court appearances. What matters more is whether the attorney regularly handles claims governed by the law that applies to your specific policy.
Can I switch lawyers if I am unhappy partway through my case?
Generally, yes, though the details depend on the existing fee agreement and how the case has progressed. Asking about this possibility during the initial consultation, before signing anything, is a reasonable question to raise upfront.
What if I already filed my own appeal without a lawyer?
It is often still worth a free review, since what happens next depends heavily on what was already submitted and how much time remains. A firm that tells you it is hopeless without first reading the file has not actually answered the question.
Talk to a Disability Lawyer Who Welcomes These Questions
The questions above are not designed to make hiring a lawyer harder. They are designed to make sure the firm you choose actually fits the specific claim you have, rather than a generic version of disability law that may not match how your coverage works.
Call J. Price McNamara at 225-201-8311 for a free review of your denial and a direct answer to any of the questions above. Price McNamara spent decades on both sides of these disputes, and we are glad to explain exactly how that experience would apply to your case.
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