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District Court Finds Plaintiff?ÇÖs LTD Claim Time Barred by the Limitations Term in the Plan

An employee covered under his employer?ÇÖs long-term disability plan (?Ç£Plan?Ç¥), which was governed by ERISA, sought to recover benefits for a 2001 claim filed with the Plan.?á The claim was denied pursuant to the Plan?ÇÖs claims and appeals process and the employee did not file an action at that time.?á In 2008, the employee filed another claim for long-term disability benefits and sought reconsideration of his 2001 claim.?á The terms of the Plan provided that any legal action cannot be brought more than three years after the time the proof of claim is required.?á In connection with his 2001 claim, the plaintiff was required to file a proof of claim no later than by March 12, 2002 and, therefore, under the limitations provision in the Plan, the plaintiff was required to take legal action by March 12, 2005.?á The federal district court stated that for ERISA claims, courts normally apply… Continue Reading

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