• David Martin

The "Good" of ERISA: Attorney's Fees

There is a lot of unfairness for claimants and participants with ERISA. ERISA may apply to long-term disability, short-term disability, life insurance, pension and retirement benefits.

There are a lot of bad things about ERISA, but there are also good things about ERISA that if used to your advantage can drastically and positively impact your claim.

In the last three weeks, we have talked about how your ability to obtain your claim record and plan documents as well as penalties were three good things about ERISA. Attorney's fees are the fourth good thing about ERISA.

With attorney's fees, it's a situation that only applies when you are preparing for litigation and actually engaged. Many of our clients would like to see attorney's fees awarded during the claim process; however, the courts will not award attorney's fees during the claim process. The courts will only award attorney's fees when the claim process is exhausted. You can count the time that your attorney spends on the case as attorney's fees and seek an award from a federal judge for those fees.

When you've completed the claim process and begin to prepare for litigation, from that point on, your attorney can keep track of the time preparing for litigation. A judge may award attorney's fees if you win the case and if you prevail on significant issues. It doesn't happen all the time, so you can't bank on being awarded attorney's fees. However, it is there, and it is an advantage of ERISA.

If you need assistance after your long-term disability claim has been denied, contact an experienced ERISA disability lawyer or long-term disability lawyer 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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Tuscaloosa Office

2117 Jack Warner Pkwy
Suite #1
Tuscaloosa, Alabama 35401
Toll-Free: 800-284-9309
Local: 205-343-1771

Birmingham Office

The WSK Building
2323 2nd Avenue North
Birmingham, Alabama 35203
Toll-Free: 800-284-9309
Local: 205-343-1771
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