How are attorney fees usually paid in an ERISA case?
Since few claimants can afford to pay an attorney’s hourly rate, most ERISA cases are handled on a contingency fee basis. This contingency fee is usually reduced or eliminated if there is an ultimate fee award by the court. However many ERISA claims denials are reversed at the administrative review phase, especially when the claimant is represented by counsel. As discussed above, ERISA does not provide for any award of attorney fees for claimants, who successfully get claim denials reversed at the administrative review stage. Therefore, any contingency fee must come directly out of the benefits recovered. Although the claimant will no doubt fare better with an attorney than without one, the sad fact is that the claimant gets screwed either way.
Related Questions
- Can attorney’s fees increase on my Missouri traffic ticket case after I hire a traffic lawyer at Traffic Law Stop for my st louis or missouri traffic ticket?
- What fees are charged in a Chapter 13 case other than the attorney fees and how are they paid?
- Can NCJC take my case on a contingent basis (attorney fees paid from judgment on the matter)?
