If you litigate a benefit denial or termination under an employer-sponsored plan, a federal court has discretion to award attorney's fees. Some courts award attorney fees almost as a matter of routine while others require that the insurance company have engaged in some form of "bad faith" before awarding fees. We advise clients to presume that the court will not award attorney fees. Each case is different and each state is different. You should consult with an experienced disability insurance attorney in your area.
