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Where are lawsuits concerning group disability benefits filed?
Federal courts have jurisdiction over cases covered by ERISA. Suits are usually filed where you live or where the insurance company or plan has its principal place of business.

If I have to litigate my loss of disability benefits, can I receive an award of attorney’s fees from the court?
Yes, you can, but only for fees incurred after the administrative appeal is denied, and at the Court’s discretion. Such awards are paid by the insurance company or plan. In some rare cases, claimants can be held responsible for fees if they lose.

What gets tried when an ERISA claim goes to court?
Generally speaking, ERISA disability court cases offer a single “remedy,” which is resumption of benefits. That means that the court can order the payment of back benefits plus order the insurance company to return you to active claims status. If your benefits are reinstated, the insurance company could conceivably seek to terminate your benefits again in the future.

For more information, call (844) 710-2993 to speak with an ERISA professional at our firm.