Seattle, WA: For most Unum, or Unum Provident, policyholders, trying to comprehend the role ERISA plays in Unum denied disability claims is like groping in the dark. Disability attorney Chris Roy sheds some light…
Another major component of ERISA is it “only allows an insured to sue for back-benefits, interest, and, if successful, reasonable attorney fees and costs. ERISA does not allow recovery of incidental, consequential, or extra-contractual damages.”
“For instance, if you are denied LTD benefits, and, because of that denial you cannot pay for medical expenses, or if you can’t even pay for rent or food, those are incidental and consequential damages related to the denial,” says Roy, “and they are simply not recoverable under ERISA.” …
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