HELPING A COMMUNITY MEMBER GET BACK ON HER FEET.
In 2009, I met a woman at the Community Kitchen who was homeless and living with her child in a shelter. She was a former prostitute and HIV positive. She had been receiving Social Security Disability benefits but her benefits had been cut off once the Administration learned there was an outstanding warrant against her for a felony in Florida. This was an issue she had been avoiding, which complicated matters; in the interim, she had experienced a number of behavioral setbacks mitigating against a successful outcome. She sorely needed someone to facilitate a successful resolution of the matter with the State's Attorney in Florida.
The matter required diplomacy and cooperation with the Florida State's Attorney. I called to learn what the State's Attorney needed to write a letter on behalf of my client. They required a letter from her, describing what she had done with her life since her offense date of June 24, 1992. They would then evaluate.
I spoke with my client in person and on the phone numerous times to elicit her story. This was extremely difficult, because of her drug history and emotional status. Also, she was in denial and would not own up to the role she played in creating the sad circumstances of her life. Finally I learned enough from my client to write a letter on her behalf.
The letter explained that at the time of her conviction, she was placed on Community Supervision for five years. She admitted being addicted to crack cocaine and running away to Chattanooga because she foolishly thought a geographic change would help her change inside. She admitted emotional instability and a mood disorder, took responsibility for her criminal actions and even to some degree for her abusive relationships. She acknowledged difficulties staying sober.
However, she also told a different story, one of potential hope and progress. I helped her explain that she had recently gotten psychiatric help for her bipolar disorder and was taking medication, receiving treatment for her HIV on a regular basis and taking this medication too, and participating in and sometimes leading an exercise group. Also, she had completed an intensive outpatient drug therapy program at the Bradford Group, where she still attended as an alumna, and was also enrolled in the Help II Program at the Chattanooga Community Kitchen which offered her counseling and workshops.
The client approved and signed the letter on May 21, 2009. The State's Attorney reviewed it and responded with his own. When the Social Security Administration received the letter from Florida, my client's disability benefits were reinstated.
Seth Holliday
As a partner at the McMahan Law Firm, LLC, D. Seth Holliday litigates disability, health and life insurance claims on behalf of individuals who have been wrongfully denied their benefits. He is also dedicated to representing the seriously injured in personal injury litigation.
Regarding private insurance benefits, Mr. Holliday has sued such insurance companies as Unum, Hartford, Prudential, Standard, Guardian/Berkshire, Cigna, MetLife, Aetna, Liberty Mutual, Mass-Mutual, and others that have denied individuals their private disability insurance (called “long-term disability” or “LTD”), life insurance or health insurance claims. His track record here is superb, and he obtains excellent results for his clients. Mr. Holliday is one of only a handful of attorneys across the United States who practices heavily in these areas. He has represented well over two thousand claimants at Social Security hearings and has a very high success rate.
Attorney Holliday is a 1996 graduate of Washington University School of Law and he initially practiced in Chicago, Illinois. There, in the personal injury context, he had a principal role in obtaining three awards which were confirmed by the local jury verdict reporter as being the highest on record in the State of Illinois in their respective category.
Attorney Holliday has been a leader in prominent organizations. He is a former member of the Board of Governors of the Tennessee Association for Justice, past-chair of the Disability Law Section of the American Association for Justice, past-chair of the TBA's Disability Law Section of the Tennessee Bar Association, and past-president of the Chattanooga Trial Lawyers Association. These are all associations of lawyers who advocate on behalf of injured or disabled individuals. Mr. Holliday has lectured regularly on disability issues to other attorneys and has also taught trial advocacy at the DePaul University College of Law in Chicago and business law at Chattanooga State Technical Community College in Tennessee.
Additionally, Mr. Holliday provides free legal services to a variety of charitable organizations in the Chattanooga area, including the Chattanooga Community Kitchen and Legal Aid of East Tennessee. He is a two-time past recipient of the Pro Bono Excellence Award. Mr. Holliday is a former member of the board of directors for Hospice of Chattanooga, having served as chairman of its governance committee and as a member of its executive and finance committees.
PRACTICE AREAS
Social Security disability
Health and life insurance claims
Administrative law
Personal injury claims
Long-term disability and ERISA claims
Insurance litigation
Disability law
BAR ADMISSIONS
Illinois, 1996
U.S. District Court, Northern District of Illinois, 1996
Tennessee, 2003
U.S. District Court, Eastern District of Tennessee, 2004
U.S. District Court, Middle and Western Districts of Tennessee, 2008
U.S. Court of Appeals for the 6th Circuit, 2009
U.S. District Court, Middle District of Georgia, 2010
Georgia, 2013
U.S. District Court, Northern District of Georgia, 2015
CERTIFICATIONS
Certified as a Specialist in Social Security Disability Law by the National Board of Social Security Disability Advocacy.
HONORS
AV® Distinguished™ Peer Review Rated by Martindale-Hubbell®
Legal Aid of East Tennessee Pro Bono Excellence Award
EDUCATION
J.D., Washington University School of Law, 1996
B.A, Millsaps College, 1991
PROFESSIONAL ASSOCIATIONS
National Association of Social Security Claimants' Representatives
American Association of Justice
Tennessee Bar Association
Tennessee Association of Justice
Chattanooga Trial Lawyers Association
SOCIAL MEDIA
AVVO
Linkedin
Facebook
ADJUNCT PROFESSOR
Chattanooga State Technical Community College, spring 2008
DePaul University College of Law, fall 1999
SEMINARS
Moderator - Social Security Disability and ERISA Law Sections Presentation
American Association for Justice Annual Convention
2012
Moderator - Disability Benefits Forum
Tennessee Bar Association CLE Seminar
2011
Speaker - What Trial Lawyers Need to Know About Subrogation and Offsets in Long Term Disability & Social Security
Kentucky Justice Association CLE Seminar
2010
Speaker - Interplay Between Social Security Disability and Long-Term Disability
Arkansas Trial Lawyers Association CLE Seminar
2010
Speaker - Ethical Considerations for Social Security Disability Attorneys
Tennessee Bar Association CLE Seminar
2009
Speaker - Social Security Disability: The Basics and Beyond
Tennessee Association for Justice CLE Seminar
2008
Speaker - Social Security Disability
National Business Institute CLE Seminar
2007
Speaker - Social Security Disability
National Business Institute CLE Seminar
2006