ERISA Benefits Denial: Motion to Dismiss for Failure to State a Claim — Full Package
The complete Rule 12(b)(6) package for an ERISA Benefits Denial case: notice of motion, supporting memorandum, declaration with up to five exhibits, and proposed order, filed as one coordinated set.
A dismissal motion that is granted ends the case; one that is denied still teaches the plaintiff exactly what to fix, so we file only the arguments worth making. Briefed from the record and the controlling authority in your circuit, with the procedural posture handled as carefully as the merits.
Frequently asked questions
The fee covers the motion and supporting memorandum, the declaration and exhibit set the motion relies on, and a proposed order in the court's preferred form. It is fixed at this scope: motion, memorandum, declaration, proposed order, and up to 5 exhibits. 2 rounds of revisions are included. If your matter falls outside that scope we tell you before starting and quote the difference — we do not bill past a flat fee without agreeing it first.
2 to 3 weeks from a complete set of instructions, plus time for the 2 rounds of revisions included in the fee. If you are working to a court deadline or a closing date, tell us when you order and we will confirm in writing whether we can meet it before you commit.
$8,450 is $325/hour × 26 hours — the time this deliverable takes in an ordinary erisa benefits denial matter, at the firm's standard rate. Because it is a flat fee, the risk of the work running long sits with the firm: you pay $8,450 whether it takes us the estimate or twice it.
Third-party costs are never inside a flat fee and are passed through at cost, never marked up: court and agency filing fees, court reporter and transcript charges, expert witness fees, search vendor and e-discovery hosting charges, process server fees, and travel.
A short description of the dispute and where it currently stands, the key documents, contracts, and correspondence, the parties involved and any deadlines already running, and the case caption and court, if a matter has been filed. Send what you have — if something is missing we will tell you what else we need before the turnaround clock starts.
Clients also order
Other ERISA Benefits Denial work MC Law prepares on a flat fee.
ERISA Benefits Denial: Motion for Judgment on the Administrative Record
A motion for judgment on the administrative record in an ERISA Benefits Denial matter, applying the standard of review the plan or statute supplies.
ERISA Benefits Denial: Response Brief on the Administrative Record
A response brief defending the agency action in an ERISA Benefits Denial case, on the record and the reasoning the agency actually gave rather than a post hoc rationalization.
ERISA Benefits Denial: Complaint
A complaint for ERISA Benefits Denial drafted to survive a motion to dismiss, not merely to be filed.
ERISA Benefits Denial: ERISA Administrative Appeal of a Benefits Denial
The internal appeal in an ERISA Benefits Denial matter, which is almost always the last chance to put evidence into the record.