Question

Are there rights to punitive damages under ERISA?

Asked on January 4th 2016 by Shawn
I’m still waiting for Lincoln Financial to pay my short term disability claim. They say it’s going to be here tomorrow (but I’ve heard that before). Because they haven’t paid my claims in a timely fashion, my bank account has been overdrawn from automatic payments taken out–something that wouldn’t have happened if they’d paid my claims. Also, my doctors noted in one of their follow-ups (that I faxed to them) that this delay in payment and subsequent stress is complicating my condition quite a bit, making my recovery take longer. Is there punitive options that can be filed against this company to recover fees and interest on unpaid bills AND for added pain and suffering due to their delay tactics?

Answer

Answered on January 5th 2016 by Attorney Stephen Jessup

Shawn, Unfortunately, under ERISA there are no rights to punitive damages.