ERISA LAW BLOG

This is often one of the hardest questions to answer because it seems patently unfair. Frequently, clients will ask me if they can sue the insurance company to recover for the struggles they have endured over the lengthy process of fighting for benefits.  It is not unusual for clients to spend several months, if not longer, attempting to procure benefits on their own before seeking out an attorney. These many months can lead to financial hardship, high levels of stress, and a general sense of uncertainty.

The Employee Retirement Income Security Act (ERISA), in most circumstances, only allows claimants to recover back pay, and likely nothing else.  Regardless of the amount of time, stress, and worry that these situations involve, the insurance company is not obligated to pay policy holders for what is commonly referred to as “pain and suffering” or any other form of compensatory or punitive damages.  As such, it is important to hire an experienced ERISA attorney at the onset of your case to ensure that the process moves along as quickly and efficiently as possible.

If you believe you may have an ERISA claim, call our office and an attorney within Foster Law Firm’s ERISA practice will be happy to speak with you.