This isn’t the first time we’ve talked about ERISA’s unfair rules regarding getting your attorney fees paid for by the other side. Not only are you not guaranteed to get those fees paid if you win like in many other kinds of cases, the decision is left up to the discretion of the judge. Moreover, that judge can choose the percentage of the fees that the insurance company has to pay, allowing them to get off the hook for less and take more out of your pocket.
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But the law even goes beyond this. Though claimants are forced to go through convoluted administrative “remedies” before they can even file a court case, if an attorney helps you during this portion of your case, it’s not possible to have the other side pay for any of the fees incurred during this time.
The Law Is Written to Protect Insurers – Not You
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What’s truly frustrating about this part of ERISA law is that you’re being forced to do something that costs you money you don’t have in order to even get to the point where you can potentially get the insurance company to cover your costs. It’s blatantly designed to keep people from suing their insurance companies, and it’s not fair.
That’s one of the reasons why we offer free consultations and most of our long term disability cases are taken on contingency – we don’t get paid unless you win. It’s not an ideal situation, but it’s the best we can do until enough people put pressure on lawmakers to revise ERISA so that it actually focuses on workers’ rights instead of insurers’ rights.
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!
