Damon Miller

Damon Miller

Insurance and ERISA Attorney
  • Insurance Claims, Employment Law
  • Virginia
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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).

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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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.
Publications
Articles & Publications
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
Awards
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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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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Jurisdictions Admitted to Practice
Virginia
Virginia State Bar
ID Number: 98308
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Fees
  • Contingent Fees
Practice Areas
    Insurance Claims
    Bad Faith Insurance, Disability Insurance, Health Insurance, Life Insurance, Property Insurance
    Employment Law
    Employee Benefits, ERISA
Languages
  • English
Legal Answers
Q. What kind of lawyer would i use for intercompany short term disability plan denial, admistrated third party sedgwick.
A: Hello! For your issue, it sounds like you would need to talk to someone like me who specializes in ERISA short-term and long-term disability claims. If I gather correctly, it sounds like your issue is that Sedgwick has denied the claim because the disability policy does not cover loss of license or certification (a common limitation in these types of insurance policies). Feel free to give my office a call or email and we'll take a look at Sedgwick's denial letter for free. Hope this helps!
Q. After denial, Sedgwick isn’t responding to written reqs for Copies of Claim Files OR the STD Policy, what can I do?
A: Under ERISA, the plan administrator (usually your employer) is required to provide plan documents to you within 30 days of your request. With both your employer and the insurance company refusing to provide you anything, you may need to get an attorney involved. Feel free to contact my office and we'll talk to you for free. We handle short-term and long-term disability cases across the country and we recently helped someone with a very similar issue where the insurance company refused to provide a copy of the insurance policy. Hope this helps!
Q. If i am diagnosed with a disability while working, am i covered by ada, and can i request reasonable accommodations
A: What is a reasonable accommodation depends a lot on the facts (like what type of disability you have and what kind of accommodation you're requesting). If you can do you job but just need an accommodation, then I would recommend talking to an employment lawyer in your area. If you think you can't do the job, even with an accommodation, you should check to see if you are covered under a disability policy through you're employer.
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Websites & Blogs
Website
Contact & Map
3998 Fair Ridge Drive
Suite 250
Fairfax, VA 22033
Telephone: (703) 591-9829