Question

Can I sue Cigna even if they do end up paying me?

Asked on March 9th 2015 by Linda
My problem is Cigna was going to turn down my claim. And I think they still are. I called and threw a fit. So they reopened it. I work in a company and under the FAA guidelines. I cannot work while taking drugs. I am taking muscle relaxers and pain meds… doctor just gave me a prescription for Gabapentin for pain. So if they turn my claim down can I sue. Doctor put down back sprain… severe back pain and I am now seeing a Chiropractor and going through spine rehab. I have severe back and muscle pain, now stress, migraines which I had under control. Not to mention the stress of dealing with Cigna. At one point I was so tired of dealing with it. I thought about just taking all my pills and be done with it. I have bills to pay. How can they get away with this? I am totally exhausted fighting this? Should they turn this down. Is this a case worth fighting. I think I left a message here before. Can I sue even if they do pay? This has caused problems with my marriage as well as my well being.

Answer

Answered on March 10th 2015 by Attorney Stephen Jessup

Linda, If your policy is governed by ERISA you will need to go through the administrative appeal process prior to the filing of a lawsuit. Furthermore, if your claim is approved you would have no real grounds to file a lawsuit as under ERISA the only actionable claim for monetary remuneration is for unpaid benefits. If they do deny your claim and you cannot return to work due to your conditions it is my personal belief that you most certainly have a claim worth fighting. Please feel free to contact our office to discuss your claim further.