Question

Can I sue for bad faith under ERISA?

Asked on February 26th 2017 by RPO
I can only start with WOW! My wife developed Pancreatic Cancer July 2015. After having the Whipple Surgery, and 6 months of Chemo, her first scan on June 2016 was clear. That day Lincoln stopped her LTD payments. WE have submitted medical documents, her doctor has stated that she can not return to work from complications of the Whipple operation. They have denied our appeal, and now we are on the last 30 days of of their extension on our 2nd appeal. This is a ERISA claim, can we sue for bad faith?

Answer

Answered on February 27th 2017 by Attorney Stephen Jessup

RPO, I am sorry to hear about the difficulties you are having with Lincoln. Unfortunately, there are no claims for bad faith under ERISA. Please feel free to contact our office to discuss your wife’s claim further.