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GREG DELL Hi I'm Greg Dell herewith attorney Alex Palmyra, and we're going to discuss remedies in an ERICA lawsuit meaning like what can Bethe potential outcomes once you file an ERICA lawsuit A lot of people make the assumption that when you sue your disability insurance company after they've denied you that if you were to win the lawsuit that you'redoing to get this guarantee they're going to been claim forever So there are multiple remedies that come out of it Let's talk about each of them moving forward and the pros and cons of each of them and what we try to achieve for a client through a remedy So what would Bethe first option that could come out of the filing of an ERICA lawsuit ALEX PALMYRA Well thereat a few major options that a judge might have if you go all the way to letting a judge decide the outcome of your case First and foremost the judge could obviously side with the plaintiff, and you win your lawsuit The judge can decide with the defendant, and you lose your lawsuit Or the judge candy a third thing which is remand the lawsuit remand the claim back tithe insurance company to do a further review of the claim Now if you win the lawsuit you don't just get benefits till the age of 65or social security retirement age The judge only has authority to approve benefits from the time that benefits were denied until essentially to the time of the judgment or sometimes until the time that the medical documentation proves that you're disabled So the judge ruling in your favor it doesn't mean again that you get benefits till the end of the policy because you have to continually prove that you're disabled through the end of the policy And most people believe that they win the lawsuit I'm on claim forth rest of my life or the rest of the terms of the policy That's not the case The fourth outcome of potential lawsuit is also a settlement Many lawsuits endue in a settlement But we have to figure out before you take a settlement you have to figure out who has the best course of action for your claim Sometimes it's best toilet the judge decide and the claim is so strong that you're going to win the lawsuit, and we can get you those benefits to the time that your medical records prove it, and we can continue to prove that you're disabled until the time that your retirement age GREG DELL And why are we even saying it's a judge decision ALEX PALMYRA Theorist laws that govern most of these claims they take-- they did a few things And one of the things they did was they took the right to a jury trial out of these policies So no longer can Yugo and file a lawsuit and prove your casein front of a jury Now it's in front of a federal judge The reason why they did this apparently is to keep the cases quicker A jury trial can take days or weeks at a time A bench trial it can take one day The other reason why they might have done it is that federal judges tend to be pretty conservative, and I guess the-- I mean I believe that the insurance companies help pass...
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