Damon Miller

Damon Miller

Disability Insurance, Life Insurance, and ERISA Attorney
  • Insurance Claims, Employment Law
  • Virginia
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Client Reviews
Ross A. February 6, 2024
Health Insurance bad faith success Damon initially answered my question posted to this platform about bad faith non-payment by my health insurance provider. After a brief review of my situation and phone call I decided to enlist his services, as he gave me the impression right away that he knew what he was talking about. From the onset Damon worked diligently to get my case resolved. He was timely and on top of every step of the process and I always had faith that he was doing the right thing for me in my case. Ultimately, he won the case for me and I could not be happier with him for this!
Ross G. November 17, 2022
Erisa 401K Advice Damon was exceptional and incredibly responsive to my questions. He researched my concern thoroughly, provided exact references to IRS law (that I never would have found), and made an easy to reference document that I can now use. He has brought me great piece of mind and overall amazing experience. Highly recommend!
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Biography

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).

Practice Areas
Insurance Claims
Bad Faith Insurance, Disability Insurance, Health Insurance, Life Insurance
Employment Law
Employee Benefits, ERISA
Video Conferencing
  • Zoom
  • Microsoft Teams
Fees
  • Contingent Fees
Jurisdictions Admitted to Practice
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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Languages
  • English
Professional Experience
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.
Education
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)
William & Mary Marshall-Wythe School of Law Logo
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
University of Tennessee - Chattanooga Logo
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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Awards
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.
Professional Associations
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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Publications
Articles & Publications
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
Speaking Engagements
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
Websites & Blogs
Website
Legal Answers
10 Questions Answered
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 policies only apply the suicide exclusion for 2 years - meaning that if the suicide occurred after the policy was in effect for at least 2 years, then the insurer will still pay benefits (assuming no other exclusions or limitations apply in the policy). But you'd need to know for sure what the terms of the policy actually says.

As far as making a case against Xanax, that's not really a life insurance question. That's more of a products liability question - and you'd be better suited asking a lawyer in the products liability forum whether or not the creator of Xanax can be held liable for your brother's death.
... 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.
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Contact & Map
3998 Fair Ridge Drive
Suite 250
Fairfax, VA 22033
Telephone: (703) 591-9829
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