The band released two more studio albums, Phobia (2006) and Dear Agony (2009), before entering an extended hiatus in early 2010 due to Burnley's recurring illnesses.

[1] Amid the hiatus, the release of a compilation album, Shallow Bay: The Best of Breaking Benjamin (2011), unauthorized by Burnley, brought about legal trouble within the band resulting in the dismissal of Fink and Klepaski.

[4] The three-piece first gained attention when Freddie Fabbri, a DJ for active rock radio station WBSX, put the group's track "Polyamorous" in rotation.

According to the lawsuit, Hummel requested earlier that year to take a paternity leave to be with his wife during the birth of their first child, to which all members of the band agreed and hired Kevin Soffera as a temporary substitute on drums.

In the lawsuit, Hummel contended wrongful termination and lack of compensation for profits accrued by We Are Not Alone and other non-album tracks that appeared in Halo 2 and National Treasure: Book of Secrets.

"[citation needed] Mazer said the band received no payment for the Halo 2 appearance, adding that the song was included for promotional reasons and Burnley was happy to have it in the video game.

[6] After the departure of Jeremy Hummel, Breaking Benjamin auditioned fifteen drummers, of whom Chad Szeliga stood out for his ability as a stage performer and the fact that he had "serious problem-solving skills", according to Burnley.

[30] Phobia's "Intro" and "Outro" tracks feature sound effects of an airport intercom, airplane turbulence, car doors, and crowd panic.

2 on the Mainstream Rock Songs chart[34] and was the fastest single added to radio playlists in the history of Hollywood Records,[6] later receiving a double platinum certification on November 24, 2015.

[12] In February 2007 in support of Phobia, AXS TV (then known as HDNet) aired a one-hour Breaking Benjamin concert from Stabler Arena in Bethlehem, Pennsylvania.

[29] IGN's Spence D. gave the disc a negative review, citing tedium and lack of vocal distinction, feeling that the group's "intersection of hard rock and emo-oriented introspection" is "not a bad thing, but also not a terribly memorable or earth-shattering one, either.

[39] Entertainment Weekly graded the album C+ and noted its angst-ridden themes, saying, "as pathological angst goes, it's expertly done, with expansive choruses and epic riffs – not that that matters, when, like, we're all going to die cold and alone anyway.

[43] The album cover features Burnley's brain scan, representing the recurrent themes on Dear Agony related to the singer's chronic illnesses caused by alcohol consumption.

[12] Breaking Benjamin toured in support of the album in January and February 2010 with Three Days Grace and Flyleaf,[47] then with Red, Chevelle, and Thousand Foot Krutch in March 2010.

[50] The disc received a negative review from Consequence of Sound's Alex Young, who complained of over-production and the disc's sell-out nature at the hands of three-time Breaking Benjamin producer David Bendeth: "Dear Agony is the unfortunate side effect of a trend in 'producer' David Bendeth's world, training wild chimpanzees to be more tasteful whilst handling silverware", ultimately giving the record a half-star "for teaching Breaking Benjamin's peers who not to hire for production credit".

[53] Burnley, alleging that Fink and Klepaski acted unilaterally on both the song remix and the compilation album, not informing him or the band's management, fired the two via email, demanding at least $250,000 in punitive fees and compensatory damages, as well as the exclusive right to the name Breaking Benjamin.

"[54] In August 2011, Hollywood Records scheduled the release of the Shallow Bay: The Best of Breaking Benjamin compilation album, featuring every single from the band's catalog, including the remix of "Blow Me Away".

[58] AllMusic's Gregory Heaney felt similarly, saying, "Shallow Bay is a great jumping-on point for new fans, capturing the band at their height delivering some of their best moments in one convenient package.

[66] In July 2015, the band announced their first overseas performance, in which they headlined a four-day cruise venue in February 2016 along with Yngwie Malmsteen, Zakk Wylde, Flyleaf, et al.[67] The band also performed on a joint U.S. tour with Shinedown in October and November along with Sevendust,[68] and proceeded to play further outside of the United States in June 2016 at venues such as the Download Festival in the United Kingdom,[69] Rock am Ring in Germany,[70] and Nova Rock in Austria.

"[79] Forbes's Hugh McIntyre writes that runner-up Tori Kelly's 75,000 copies "puts Breaking Benjamin's figures into perspective" and that despite "a pretty extensive lineup change, it looks like fans were awaiting their return with open arms".

Dan Marsicano from About Entertainment stated, "Burnley could have made his creation just another dose of the glitzy, overproduced crap that is heard on every rock radio station in the world.

[95] Official music videos were released for singles "Red Cold River", "Torn in Two", and "Tourniquet" on January 18, April 12, and December 13, respectively, with Burnley explaining that they are part of a three-part continuity.

[100] Dancer and actor Derek Hough (who had previously covered "Ashes of Eden" in a choreographed music video)[101] has an appearance on the album, saying that the opportunity was "a dream come true".

AllMusic's Neil Yeung gave a generally favorable review but emphasized its familiarity, saying, "As far as variety goes, this is a fairly standard collection of tunes from a band that is mainly concerned with giving fans what they want and expect.

[105] Luke Nuttall of The Soundboard gave the album a mixed review, saying, "Even the most dedicated diehard has to admit that this is far from groundbreaking or any sort of departure from their past material, and such an unashamed recycling of work seldom leads to positive results", but adding, "Ember manages to elevate above radio-rock's most uninspired efforts, but this is purely for those who've been there all the way through; for everyone else, it's there to embrace or avoid as per want.

"[51] Despite a complete lineup change prior to the release of Dark Before Dawn, Dan Marsicano stated, "Breaking Benjamin hardly deviate from the hooky jams that were present on Dear Agony.

[39] Young felt that Breaking Benjamin is "indicative of early '00s modern rock, while also now and then being more Filter-esque or technically proficient, primarily on guitar during 2002's Saturate, and from then on, with bass and drums".

The genre includes bands like Disturbed, Five Finger Death Punch, and Three Days Grace, hard rockers who growl and yell, but can be as tender and emotive as Coldplay".

[142] Foist utilizes Roland V-Kit electronic drums during live performances and triggers certain sounds as heard in studio recordings, such as the piano notes in "Breakdown".

[56] Additionally, Rauch is equipped with a Roland GR-55 guitar synthesizer allowing him to play orchestral strings and choir sound effects, further eliminating any reliance on pre-recorded tracks.