Damon Miller
Disability Insurance, Life Insurance, and ERISA Attorney
Damon Miller is a long-term disability and ERISA attorney. He represents disabled claimants against insurance companies that have wrongfully denied benefits. He understands that insurance companies sometimes ignore the advice of your doctors and deny valid claims without listening to your voice. Damon is here to listen to you and help you be heard loud and clear by your insurance company.
In one way or another, Damon has been fighting for disabled clients since he was in college. He was raised in Chattanooga, Tennessee, where he worked full-time as a paralegal while simultaneously taking a full-time college course load. In-between riding his bike to class and work, he supported disabled clients whose insurance companies had improperly denied their claims. He left Chattanooga to go to law school at William & Mary, knowing that he wanted to become an ERISA attorney so that he could continue to hold insurance companies accountable when they try to put profits ahead of people.
Damon has managed cases for disabled clients from Hawaii to New York to Virginia and just about everywhere in-between. In law school, he was honored to serve disabled veterans at the Lewis B. Puller, Jr. Veterans Benefits Clinic at William & Mary.
He is a graduate of the University of Tennessee at Chattanooga, where he studied English Literature, and of William & Mary Law School (the Marshall-Wythe School of Law).
He is a member of the Federal Bar Association, the Fairfax Bar Association, and the Virginia Trial Lawyers Association.
When he’s not battling insurance companies, he loves spending time with his wife, Emily. They’re always going on new adventures together, exploring new places, and trying new food. And in his spare time, he creates new worlds. He writes fantasy and science fiction stories and he’s currently writing an epic book series about an ancient medieval civilization facing the end of the world (think Lord of the Rings but with more dragons and explosions).
- Insurance Claims
- Bad Faith Insurance, Disability Insurance, Health Insurance, Life Insurance
- Employment Law
- Employee Benefits, ERISA
- Zoom
- Microsoft Teams
- Contingent Fees
- Virginia
- Virginia State Bar
- ID Number: 98308
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- United States District Court for the District of Colorado
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- United States District Court for the District of Columbia
- ID Number: VA170
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- United States District Court for the District of Maryland
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- United States District Court for the District of Nebraska
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- United States District Court for the Eastern District of Virginia
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- United States District Court for the Western District of Virginia
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- English
- Attorney
- BenGlassLaw
- - Current
- Concentrate practice on the Employee Retirement Income Savings Act of 1974 (ERISA) and disability and life insurance law. Draft administrative appeals to insurance companies for ERISA and non-ERISA insurance disputes (primarily disability and life insurance). Draft briefs for federal district court and courts of appeal. Administrative and litigation work for firm based outside of the District of Columbia that handles cases around the country and which has filed the most ERISA disability cases in Virginia since 2017.
- Law Clerk
- BenGlassLaw
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- While in law school, worked nearly full-time (average of 30 hours per week). Wrote section of Fourth Circuit Court of Appeals brief on ERISA matter, which resulted in favorable result for our client. Wrote demand letters, administrative appeals, research memos, complaints, and pleadings for ERISA cases. While in law school, participated in Third Year Practice Program in the United States District Court for the Eastern District of Virginia and fully litigated and briefed ERISA case involving the interpretation of a long-term disability insurance policy, case currently pending decision by the court.
- Paralegal
- Eric Buchanan & Associates
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- Worked 35 to 40 hours to week during school year to pay for college education. Drafted and filed ERISA and non-ERISA disability appeals. Filed complaints, motions, and other documents in state and federal courts. Gathered evidence to support cases. Worked with attorneys to ensure all deadlines were met. Trained and managed junior paralegals.
- Paralegal
- Mark T. Young & Associates
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- Interviewed clients to gather financial information. Gave oral report to attorney regarding client’s financial situation and potential courses of action. Calculated client income and debts. Researched land ownership to determine whether clients owned real property. Drafted and filed chapter 7 and 13 bankruptcy petitions and motions. Worked on individual and small business bankruptcy cases as paralegal.
- William & Mary Marshall-Wythe School of Law
- J.D. (2022)
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- Honors: CALI Award, Legal Research & Writing
- Activities: Volunteer for the Lewis B. Puller Veteran's Disability Clinic (Fall 2020)
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- University of Tennessee - Chattanooga
- B.A. (2019) | English Literature
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- Honors: Editor, Young Southern Student Writers Contest (Spring 2019) Sally B. Young Critial Writing Award (Best critical essay of 2017-2018) Mortar Board, Senior Honor Society, Historian
- Activities: Tutor, statistics and economics
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- Chattanooga State Community College
- A.S. (2017) | Business Administration
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- Honors: International Scholar Laureate Program (Melbourne & Sydney, Australia; Spring 2017)
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- Rising Star
- Thomson Reuters
- Rising Star
- Thomson Reuters
- CALI Award - Legal Research and Writing
- William & Mary Law School
- Sally B. Young Critical Writing Award
- University of Tennessee at Chattanooga
- Best critical essay of 2017-2018.
- Virginia State Bar # 98308
- Member
- Current
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- Good Samaritan Advocates
- Volunteer Attorney
- - Current
- Activities: Provide legal aid services to the most vulnerable neighbors in Northern Virginia.
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- Maryland Association of Justice
- Editor, Trial Reporter (Dec. 2022 to Present)
- - Current
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- Federal Bar Association
- Member
- - Current
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- Fairfax Bar Association
- Member
- - Current
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- Virginia Trial Lawyers Association
- Member
- - Current
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- ERISA Hazards Hidden in Workers’ Compensation Cases
- Maryland Trial Reporter
- A Million Dollar Mistake – Disability Insurance Is Another Consideration When Selling Your Practice
- White Coat Investor
- Is your workers' compensation client also covered under an ERISA-governed long term disability insurance policy? Think before you allow them to sign that settlement release
- The Journal of the Virginia Trial Lawyers Association
- Understanding Long-Term Disability Claims under ERISA
- Defenders of the Disabled
- Overlap between Social Security and ERISA disability claims, NOSSCR Annual Conference, May 2023, Washington, DC
- National Organization of Social Security Claimants Representatives
- Q. My brother committed suicide by shooting himself. Can his widow get life insurance?
- A: I'm so sorry for the loss of your brother.
For your sister-in-law to be eligible for life insurance benefits there are a couple things you'd need to know. First, do you know if your brother had a life insurance policy? For his widow to receive life insurance benefits, there would have had to be an insurance policy in place before he died (either a policy he got through work (a group policy) or a policy he and his wife bought on their own (an individual policy)).
Assuming there is an insurance policy, the terms of the insurance policy will control. Many insurance policies include exclusions for suicide, so you'll want to look carefully at the policy's exclusions. Some ... Read More
- Q. Can an auto loan disability insurance company push for me to go to voc rehab after my employer deemed me fully disabled?
- A: Hello,
I would recommend taking a look at your insurance policy. The policy will define what the insurance company is permitted to do. Generally speaking, most disability insurance policies do permit the insurer to ask you to cooperate with vocational rehabilitation, even if you don't believe that vocational rehabilitation would be of any help.
Happy to discuss further if you want to reach out. Feel free to contact me by my contact info on my profile above.
Hope this help!
- Q. 1 month old child had an air ambulance flight, insurance is denying the claim, can I pursue for coverage?
- A: First off, I hope to hear that your child is doing better after such a terrible and alarming medical scare. I can't imagine what you must have been through.
To your legal question, I think you might have a good case. A lot will depend on the language of your insurance policy and the reason's the insurance company is saying that it's not "medically necessary." I would recommend talking to an attorney who specializes in health insurance claims.
I'd be happy to look at the denial letter the insurance company has sent you and give you more in-depth advice. My contact information is below if you'd like me to take a look at the denial letter.
