Question
Could I sue Prudential for the money I paid to my attorney? I had to wipe my 401K, was almost evicted, etc
After receiving LTD payment for over 2 years Prudential stopped payments claiming my doctor did not fill out Residual Functional capacity questionnaire. Prudential informed me of their decision 4 days prior to my normal monthly check date via telephone. Prudential claimed they did not call me in regards to incomplete paperwork because “by law” they can not make the doctor fill out the form. I hired an attorney and won at the first level of appeals. Of course attorney charged me a fee to handle case. Could I sue Prudential for the money I paid to my attorney, considering I was forced to wipe out my 401K, fell behind on rent and almost evicted as well, having to use charity care for ER visits and was unable to pay for needed medical treatment for my disability?
Answer
Nicole, I am glad to hear that you were able to win your Appeal against Prudential. Unfortunately the law does provide for any attorney fee award at the Appeal stage. Due to the limitations of ERISA you cannot sue Prudential for any of your damages. You can only sue Prudential for disability benefits, interest and attorney fees if you were to lose your Appeal. ERISA is not a fair law. You should take a look at the numerous videos we have posted on our site discussing ERISA. You need to spread the word about how unfair ERISA is and help to make your legislator change it.
