It is rare that an insurance company will be awarded its attorney fees in defending your long-term disability claim in federal court.
While the law allows the insurance company to apply for payment of its attorney fees if it wins your disability case, it is rare that a court will make you pay.
In one case recently the court noted that the fact that the claimant was an individual suing a large insurance company for disability benefits lessened her level of culpability (and responsibility to pay fees).
Courts also generally recognize that disability claimants are not working, have no income and may typically have little assets. This does not mean however that a court will not punish an entirely frivolous claim.
Long-term disability tip: Hiring and relying on the advice of an experienced long-term disability insurance attorney will usually keep you out of hot water with the court and will generally improve your chances of winning the claim.
If you’re entering the ERISA appeals process, give us a call. Our Atlanta attorney can tell you whether your case is worth pursuing in appeals court.