Employers use federal law to deny benefits
I feel like we are living in Sherwood Forest! Take from the average Joe who works hard, plays by the rules and then gets ROYALLLY SCREWED!
“The facts … scream out for a remedy beyond the simple return of premiums,” Judge Fortunato Benavides of the New Orleans-based 5th U.S. Circuit Court of Appeals said in the Amschwand case. “Regrettably, under existing law it is not available.”
The Bush administration has argued that the appeals courts are misreading the precedents and has asked the high court at least twice to clarify the earlier rulings. So far it has refused.
Congress, which could amend ERISA to make clear such suits are allowed, also has taken no action.
The result, in the view of ERISA experts, the administration and some lawmakers, is perverse.
“The beneficiary under the policy didn’t get the promised benefit,” said Colleen Medill, an expert on ERISA at the University of Nebraska-Lincoln. “To say we’re just going to return your premiums, that’s a total farce. That’s not what they paid the premiums for. They paid them for the benefits.”
Can we make this a Campaign Issue?
When the law no longer serves the people, it should be changed. And if those that serve the law, won’t change it, then it is time for the people to revolt.
The Supreme Court did this and that is one of the PRIMARY reasons we can’t allow BUSH/MCCAIN to regain control of our country for 4 MORE YEARS!
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