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Why Can't I Get Punitive Damages From My Long-Term Disability Insurance Company?

Most long-term disability insurance claims are governed by a federal statute called ERISA. ERISA covers employer-provided group benefits such as long-term disability, health insurance, life insurance, and pension plan.

ERISA mandates how a disability insurance claim must be handled by an insurance company. It also lays out what can be recovered when a claim is denied. Under ERISA there is no recourse for punitive damages. In other words, you cannot collect damages from an insurance company for denying a claim when it is governed by ERISA.

In an ERISA disability insurance claim, the only recovery a claimant can seek are the benefits they are due under the terms of the policy. That means a person is limited to the short-term and/or long-term disability benefits they would have been paid, should the claim have been approved through the maximum benefit period (usually age 65 or 67).

If you are fighting a disability insurance claim with your insurance company, call one of our experienced disability insurance attorneys to discuss your case today.

Lawyers Specializing in Disability Insurance Claims

Because disability insurance law is complicated, it is important to get legal help from a lawyer who focuses on disability law.

As a law firm built to focus on disability insurance, our lawyers specialize in disability insurance. We spend every day working to get our clients long-term disability benefits approved.

Because federal law applies to most disability insurance claims, we do not have to be located in your state to help.

If your claim for long-term disability benefits was denied or being delayed by an insurance company, call us to speak with a disability insurance attorney.

We represent clients across the U.S. with: