Eliminating Disability Claim Mistake #2

Ben Glass

Attorney
(866) 735-1102 Ext 320

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Unlike most "breach of contract cases" there is almost always an internal appeals process that must be undertaken in an ERISA disability benefits case. The failure to utilize the appeal process is usually fatal to an ensuing lawsuit.

Here's the real problem with the appeal process:

You generally have only 180 days to appeal the claim. In Virginia, you would have five years to file a 'breach of contract" case based on a written contract but if you have not appealed your case within 180 days, you CAN'T file a lawsuit.

This means the the statute of limitations in an ERISA disabiltiy benefits case is effectively shortened by YEARS.

Real fair, isn't it?