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ERISA LAW BLOG

Halloween Special:  Why is ERISA so Scary?

Halloween Special: Why is ERISA so Scary?

As an ERISA attorney that has practiced for many years and represented plaintiffs in practically every state across the country and who has associated with attorneys nationwide, I have a lot of experience in how terrifying ERISA can be for both plaintiffs and attorneys who don’t practice in the area.  ERISA is a complex regulatory scheme with many peculiarities, rigorous deadlines, and confusing procedures.  Many times attorneys who are inexperienced are unaware of the intricacies of ERISA and any attempt to either exhaust administrative remedies or to bring a lawsuit, can end in disaster (or worse, a malpractice claim).  Plaintiffs, particularly those that are injured or sick and become disabled, file their claims believing that they will be protected by the insurance that they have.  Unfortunately, their long term disability claims often turn into nightmares.  Judges across the cross have frequently expressed regret in having to rule against plaintiffs.  I have seen many Judges express their sympathy for plaintiffs and inform the plaintiff that they wish they could rule for them, but they are bound by ERISA to rule for the defendant. 

If you are an attorney with an ERISA claim or a plaintiff seeking their disability, life insurance, health insurance, or accidental death and dismemberment benefits, and hope to avoid the scary parts of an ERISA claim, please contact us.  I hope that my firm can help make ERISA a little less spooky this Halloween season.

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