- 19839 Nordhoff St,
Northridge, CA 91324
- (818) 886-2525
Were your disability benefits denied? If so, you need to take immediate action to protect your legal rights and financial interests. At Kantor & Kantor LLP, our aggressive San Jose ERISA disability lawyers have helped many applicants recover the full and fair benefits due to them under the terms of the group health plan.
Most employer sponsored group health plans and group welfare benefits plans are governed the Employee Retirement Income Security Act of 1974 (ERISA). This federal law imposes many different standards and process requirements on these plans. If you are filing for disability benefits, you need to be fully aware of how ERISA’s rules will impact your claim and your ability to file an appeal. For example, one of the most important things that you need to know is that you only have 180 calendar days from the date that you receive your initial denial letter to file an administrative appeal. If you fail to act within this period, you could lose out on your disability benefits. It is critically important that you get a qualified San Jose disability benefits attorney by your side who can ensure that your claims rights are properly protected.
For a disability claim to be successful, you will need compelling supporting evidence. Generally, you must prove that you actually have a disabling condition and that your condition prevents you from earning a living. The evidence that can be used to prove this can come in a wide variety of different forms. For example, some of the most common types of evidence used in ERISA disability cases include:
While most people understand the general importance of evidence; there is also something that most people do not know: When courts review ERISA disability lawsuits, they are restricted to the evidence that is already contained in the Administrative Record. To put it another way, this means that if you fail to submit useful evidence directly to the insurance company, during your administrative appeal, then you will likely lose out on the right to use that evidence in the courtroom. Please do not let this happen to you; work with a qualified San Jose ERISA lawyer.
At Kantor & Kantor LLP, we have extensive experience handling all aspects of ERISA disability cases. To speak to one of our experienced attorneys today, please call our San Jose office at (408) 705-1988. Our team will review your claim free of charge and explain to you your rights and your legal options.
Around September 1999, I was diagnosed with a debilitating and permanent illness of fibromyalgia. My Doctor gave all necessary medical reports of this as well as UNUM approving my disability. I received long term disability from my Company, TRW in Redondo Beach, CA. Then around 6 months, UNUM stopped my long term disability for no reason. My doctor submitted all medical records again, diagnosing my illness again and my physical health had not approved. Further more, Social Security had approved me for disability benefits based on my doctors records and in their own medical examination required by Social Security, in being approved for benefits. Still UNUM denied my benefits for no reason. This was back in 2002 I believe and everyone was either being denied and or stopped long term disability insurance after they had already approved people. So, I got a attorney from Santa Ana, CA and he immediately took my case, representing me and I was completely content with the attorney I chose. Then, unknown to me and without my request, I was told my case was being given to Gruber and Kantor but Glen Kantor would be handling my case. Being extremely niave I went along with it because it was already decided. The law firm was far away from my home and this was a problem. Glen Kantor had me sign a power of attorney over to him and having no knowledge of the law except that a attorney would act on your best intentions. A Mediation was scheduled and I went to his office but was put in a room and told I would be called to mediation when it was time. I sat in the room by myself waiting to be called but never was. Mr. Kantor walked into the room a few hours later and said it was all over and I'd had better take what they offered or else I would get nothing. Glen Kantor showed me a paper that he said, this is what UNUM is going to take away from you in monies. I was shocked to see all that was being taken away from myself as well as my daughter. Unknown to me, this paper, I later found out was what Glen Kantor had submitted to UNUM on my behalf. I Took what was offered on Glen Kantors advice. Then it seems that very soon after this mediation took place, it was big news that UNUM was found guilty of denying g benefits for no good reason and all those having lawsuits against UNUM won their benefits back or were approved. Except me. I never saw or spoke with Glen Kantor after the mediation was held. Held without me included in any part of mediation except to sit in a room by myself. I have a witness to this as well. My cousin, Monica Yates was present when Glen Kantor advised me to take it or get nothing. She felt Glen Kantors offer for my case was extremely unfair. I never saw or spoke to Glen Kantor again. Never saw the check issued to me, went to the bank or signed any check from UNUM. Eventually after sometime passed and I had to call his office to ask about my settlement, his assistant gave me the impression they were waiting for me to agree to the settlement, which was already decided by Glen Kantor on the mediation day. Eventually, I received my check and when I went to Wells Fargo to deposit it, I was asked by the bank manager if this check was for services I rendered to Glen Kantor firm for entertainment. Embarrassed by the question as other patrons looked me over. I replied it was for disability but there was a problem with the check and I can't recall exactly what occurred but I had to get another check. What was to come years later, in regards to this issue, has put a great mental strain on me and my health. I don't have dates on hand right now but paperwork is available for verification and dates. One day my father came into my room and informed me there was a IRS Officier at the door and he believed she was there to arrest me. The IRS Officier informed me that I owed taxes on 180,000 paid to me by Glen Kantor for services I rendered to his company for entertainment. I was shocked and quickly informed her it was $110,000 and it was for disability. She had her records and said no, it wasn't and was recorded I was paid as an employee for entertainment. She realized I had no idea what was recorded and showed her paperwork from Unum and it was for disability. She then proceeded to tell me then, that Glen Kantor stole money from me. She also said the IRS can't help me get these funds that were taken from me by my attorney but he did in fact steal money from me. I spoke with other IRS agents and the same was said, exactly as the IRS Officier who came to my house, gun on her person and made easily for me to see, that he stole money from me. I found many lawyers that wanted to help but the minute I mentioned his name, they backed off. For about 5 years I tried to find a lawyer but, no attorney will take after hearing Glen Kantor or IRS. I made an appointment with Mr Kantor, took two friends with me and he gave false statements with no paperwork to backup his statements. I had all proof of what occurred and he could only say he had since in storage and some on his computer There is more info and statements of other things that occurred, but this is the main and most important issues. I was afraid to write about this for fear of what can happen to me and my livelihood. Because Mr. Kantor did nothing to getting my LTD benefits back from UNUM, I was terminated from TRW in 2003, based on UNUM stopping my LTD Benifits. One attorney told me that I was included in a class action suit against UNUM, but I was never told this by Mr. Kantor or shown paperwork on this in what I was shown by a attorney in Orange, CA. He was going to handle my case then a few days later refused to represent but charged me $250.00 when it was going to be on contingency. So, it is easy for me to say, no Iam not and was never satisfied with Glen Kantor and what he didn't do for me. He should have left me with the attorney I got in the beginning. And why did he seek me out. I know I did not seek him out. Everything I have stated is the true facts and I will attest to all that zi have said in a court of law. I had no knowledge of the law back then but today, Iam a little more knowledable. Bettina Trider
Michelle Roberts is one of the most passionate, compassionate, caring attorneys I have ever encountered. When the disablty insurance company whose premiums I paid without fail every single months for many years denied my claim, Michelle advocated on my behalf respectfully and relentlessly. She has my enduring respect and unquestionable endorsement. Michelle and her firm are beyond reproach and deserving of any potential client’s trust. Michelle and her firm turned an extraordinary painful chapter of my life into an equitable path to move forward. My gratitude for her superior work is deeply appreciated.
I am very fortunate to have Michelle Roberts as my lawyer. She has done a great job resolving my case and fighting on my behalf. Michelle is very knowledgeable and always available when needed. I would recommend Michelle to anyone with any ERISA dispute.
After getting cancer, I lost my 27 yr career due to lasting side effects from chemo. In the middle of dealing with all of that, the insurance company stated they reviewed my records and I was no longer disabled and stopped my benefits. I am so very thankful to have been referred to Michelle. One of her colleges told that she was one of the very best, and they were right. She’s incredibly intelligent , compassionate, and has been called to help those who truly need her the most. I will be forever indebted to her, and forever grateful for the work she did on my behalf. She knows her stuff, and calls it like she sees it. She is a class act. Thank you for making a real difference in my life Michelle.
my special gratitude to Ms Roberts for being amazingly supportive and willing to help potential clients like me without any expectation She is very knowledgeable about ERISA law She has helped me with all my questions and guided me throughout my LTD process while we were not bounded to any contract or so I highly recommend retaining her if you need a responsive and trustable ERISA attorney. I assure you, you'll be in good hand She promptly replied to my inquiries over the weekend. She is amazing .
When the insurance company unfairly denied my claim for long term disability, I hired Michelle to handle my appeal. She and her staff were so easy to work with and made me feel comfortable (and less stressed) through the entire process. She did a truly exceptional job and succeeded in getting the insurer to reverse its denial and pay my full benefits.
Approximately 7 years ago, Michelle Roberts successfully resolved my case. Her approach to the situation was professional...Highly effective and very caring. Even after all this time since my case was resolved she still answers any questions I might have and does so promptly. I highly recommend Michelle Roberts to handle your short or long term disability concerns.
Michelle Roberts of Kantor & Kantor LLP is an amazing ERISA disability benefit attorney. She fiercely advocates for her clients and knows the ins and outs of winning a disability claim. Because this area of law is pretty specialized, it is hard finding an attorney who knows about ERISA. Michelle and her team are warm, friendly, and compassionate, but also feared by insurance companies! These are the lawyers you want on your side if you are fighting a disability claim denial. I give Kantor & Kantor LLP five stars all the way!
Michelle Roberts has been my wife's disability attorney for more than two years and has been a source of honest, responsive, and very effective legal strength to her in a continuing battle to keep her permanent disability benefits intact. My wife suffers from a disease that is little understood and in fact is totally misunderstood by the medical-insurance complex. As a consequence, her disability insurance carrier spends many thousands of dollars and hours trying to cancel her insurance – insurance she paid for while employed and which she deserves to have without continuous pressure to remove it. The damage this does to her emotionally and physically is tremendous, but as long as her benefits remain intact, she can pay for the many physicians and specialists she sees to try to get better and to keep from having to pay for her expensive treatment out of her savings. Michelle's legal advice has always been spot on. When the insurer springs short deadlines that require my wife to gather all her previous medical records and answer lengthy questionnaires that ask the same questions over and over, Michelle responds almost immediately and assists by answering my wife's questions and by reviewing the documents my wife prepares to submit to the carrier. Michelle knows very well how disability insurers operate and can anticipate their antics and unreasonable demands. My wife is also subjected to so-called "Independent Medical Evaluations," by an ethically compromised "physician" at least twice a year. These IME sessions are exhausting. They require a full-day of answering the same questions both orally and in writing in an effort to tire her out and trip her up legally. Physicians who conduct these phony tests are paid by the requesting insurance company – a glaring conflict of interest – and recently, one declared my wife capable of working. Michelle was there with recommendations for truly objective evaluators that provide objective opinions that stand up against legal that Michelle is familiar with and expects for her clients. I could go on, but suffice to say that we have never seen a lawyer like Michelle. Her passion for helping vulnerable clients who are outgunned, outnumbered and easily outspent by corporations and insurance companies is rare, even among plaintiff attorneys. I cannot recommend her strongly enough. No string of adjectives could describe what relief and peace of mind she has brought to my wife and to me. It's really good that she's in the world because she makes it a more compassionate place.
You are just the bomb . . . . period. Thanks so much again!! I don't know what to say other than great job, you're really making rights out of wrongs. I'm so happy about all of this.
I do not believe there is an attorney who could have represented me in any better fashion in this disability dispute than you. You have been keenly professional, not leaving one relevant detail to chance….I have complete confidence, faith and belief in your experience, talent, and ability….Thank you Michelle and for all you have done for me. You are truly an outstanding lawyer and you are always prepared. I want to thank you for the tremendous effort, and outstanding work you have done on my behalf.
Thanks so very much for the work you did. I'm very grateful for it, and am glad you took on my case. You did an excellent job, and I'm very very thankful for it. That money has been incredibly useful to me, and, well, I cannot keep on gushing about what a good job you did. Well, I can, but that will make for a particularly long and probably repetitive email. I only know *so* many adjectives.
I hope you know you've really helped me get my life back on track and healthy again. The wheels were falling off when I initiated contact with you. Your services have given me and my family a second life. Thank you.
After religiously paying my premiums for over 20 years, I needed to make a claim for my Long Term Disability coverage. Confident I could do this on my own, I was met with a barrage of rejections to my claim. Through a referral, I contacted Michelle Roberts who agreed to take my case. Within 3 months, my disability checks started to arrive. I have also referred family friends to Michelle who has been instrumental in their successful claims. 5 stars all around.
This is a public thank you to Michelle Roberts for her support of my wife who suffers from a debilitating disease. Michelle was instrumental in helping my wife secure essential and rightful disability benefits she paid premiums for and was entitled to. I've been around a lot of lawyers in my life, some of whom have been shockingly unhelpful and expensive. Michelle is, without doubt the best. Besides her knowledge, she does what she says she will do and is trustworthy -- qualities that are priceless and in my experience, pretty rare.
I was at my wit's end and felt very defeated. In addition to being in chronic pain and physically disabled, I simply did not have the energy to take on the large insurance corporation that was denying me my rightful benefits, although I desperately needed the money. I was in the middle of my worker compensation lawsuit,waiting for the case to go to trial, and I was also waiting to hear the results of my Social Security benefits appeal. Needless to say, cash flow was at an all-time low point and so was my morale. Emotionally, I was shaken to my very core, felt immobilized from depression, and really needed someone to listen and to help me. Michelle Roberts is absolutely amazing in being a great and compassionate listener, as well as a skilled legal expert and negotiator. She set right to work in obtaining the retroactive funds that were owed to me and in getting payments started. Michelle was also brilliant in working out a settlement that allowed me to keep the money when the insurance company tried to retrieve it once my Social Security claim settled and I began to receive my Social Security benefits. . . .I settled my long term disability claim by 2012 but I still feel that Michelle is a telephone call or an email away, readily available for me whenever I need legal assistance. . . .What surprises me is, in spite of how busy I know that she is, Michelle is there to personally take your telephone call most of the time and she remembers who you are. It makes me feel really well cared for as a former client.
Michelle Roberts is an outstanding attorney. Her skills are impressive, she is extremely knowledgeable about ERISA, and she is an excellent advocate. She is passionate about her clients' rights. I do not hesitate to recommend her highly.
Michelle is an impressive attorney. I call on her frequently for tips and advice on handling my own cases, and I do not hesitate to refer clients to her. Her mastery of ERISA, her passion for her work and her clients, and her indefatigable willingness to volunteer to help her community and her colleagues have swiftly made Michelle a leader within the plaintiffs ERISA bar. It is with great respect and admiration that I am privileged to call her a peer. I recommend her without reservation. ERISA Watch email is literally my favorite email every week. It's a tremendous time-saver and resource that helps me keep abreast of nationwide trends in ERISA jurisprudence. Long live ERISA watch!
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.
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