The Bad of ERISA Part IV: The Standard of Review
Over the last few weeks, we’ve discussed “the good of ERISA.” However, now it’s time to tackle all of the unfairness of ERISA, and there exists a lot of unfairness with ERISA.
The fourth unfair aspect of ERISA is that claimants, especially in the case of ongoing benefits, do not have the right to future benefits.
Why is it unfair that the the court cannot make insurance companies or plan administrators pay future benefits? Because it means that your client could have to go through the entire process again.
Your client could go through the entire process to obtain benefits, see those benefits terminated, appeal the determination, and then end up having to file a lawsuit again (and, in some cases, several times) before they get through the maximum benefit period. And again, there’s no leverage for courts to make insurance companies and plan administrators do the right thing because claimants can’t sue for extra-contractual damages.
If you or your client need assistance after an ERISA long term disability claim, short term disability claim, pension claim, retirement claim, or life insurance claim has been denied, contact an experienced ERISA disability attorney today at 800-284-9309.