• David Martin

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.

Contact us today for a free initial consultation.

The Martin Law Group is dedicated to being your go-to ERISA attorneys and long term disability lawyers. Whether you are pursuing a long-term disability claim, life insurance benefits, or your pension or retirement benefits, we will meet with you face-to-face to discuss your claim at a location convenient for you. 

 

In an effort to make disability claims as easy as possible, we offer a free initial consultation. We often work with clients in Huntsville, Mobile, Birmingham, Montgomery, Dothan, Tuscaloosa, and Florence, in Alabama, as well as with clients in Columbus, Meridian, Jackson, Hattiesburg, Tupelo, and Gulfport, Mississippi, and surrounding areas.

Contact us today for a free consultation.

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Birmingham, Alabama 35203
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