By now, most of our followers probably know just how tough it is to get the other side to pay for your fees in an ERISA case. This is something we’ve covered at length because we want to make sure potential claimants know what they’re in for if they decide to move forward with an ERISA lawsuit.
Well, it turns out that there’s yet another roadblock to getting your attorney fees paid by the opposition: after going through all of the administrative requirements, it’s possible that you might finally get to court only to have them decide that ERISA doesn’t apply to your lawsuit after all. The entire case will be dismissed, and because of this you have to foot the bill for any fees that you owe your lawyer – you can’t even petition for the other side to pay; you’re just out of luck.
Non-ERISA Cases Need to Be Discovered Earlier
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The fact that this is even possible is disgraceful. If there are questions about whether or not a claim actually falls under ERISA regulations, this is something that needs to be determined well before a court case is filed. It speaks to the needless ambiguity present in the law and is a problem that needs to be fixed.
That being said, right now it’s the reality of what happens in some long term disability cases. Because of this, our firm not only gives everyone a free initial consultation to discuss the merits of your cases and your chances of winning, but also works on a contingency basis for most of our clients – if you don’t get paid, we don’t get paid. That way you won’t get blindsided by a silly rule like this and you know that we’re going to do everything in our power to help you win.
For more information regarding your long term disability claim check out our free e-book and be sure to check back regularly for more blogs regarding what you can do to win your case!
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