• Is There A Time Limit To File An ERISA Disability Lawsuit?Is There A Time Limit To File An ERISA Disability Lawsuit?

Do I Have A Time Limit To File An ERISA Disability Lawsuit?

Calculating the time limits when an ERISA disability lawsuit has to be filed is tricky. In a recent decision out of a North Carolina Federal Appeals Court, the Court ruled that the time limit to file a disability insurance lawsuit is already running even when the claimant is filing the required administrative ERISA appeal. While it seems unfair that the clock is running even before a person is allowed to file a lawsuit, the Court feels otherwise. Watch this video to learn about dealing with a deadline for filing an ERISA lawsuit. Thus, it is always important to file an ERISA disability lawsuit as quickly as possible once all of the appeals have been exhausted. If your short or long term disability claim has been denied, contact any of our disability lawyers for a free consultation.

Leave a comment or ask us a question

There are 6 comments

  • Joe, under ERISA governed policies, under the provision for “Legal Actions” it typically reads that the time limit is three years from the date proof of loss is required.

    Stephen JessupAug 15, 2017  #6

  • Is there always a 3 year limit, or is it based on policy language? I reviewed my policy and did not see information about any time limits for filing a lawsuit after appeals have been exhausted.

    JoeAug 10, 2017  #5

  • Karla, you will need to discuss with an employment attorney any action against your employer. Who was the insurance carrier for the disability claim that denied your claim? Also, was the denial in 2011? If so you may be past a statute of limitations to bring suit on the disability claim. Please feel free to contact our office to discuss.

    Stephen JessupApr 27, 2016  #4

  • I was diagnosed with Narcolepsy Oct. 29, 2011- I am a registered nurse-my employer paid short term disability for 2 wks and stopped, stating my Dr was not filling out paperwork appropriately- I changed Dr’s in Jan., had a sleep study and MSLT confirming that diagnosis- I was told to file for Social Security Disability at that time, I would not be able to return to work- employer continued to refuse to pay my wages- I had no income for 1 1/2 yrs, causing me to lose my home of 20 yrs, ruining my credit , forced to move into my Mothers basement- during that time I searched for an attorney to sue my employer ( eventually found one) and was allowed SSD on first request, which took 6 mon. – I am still experiencing repurcussions from my employer holding my pay for so long- lost my home , ruined my credit so I am forced to pay high interest on EVERYTHING, had to file bankruptcy, enduring the stigma of living in poverty, had to empty my 401 K plans trying to hold on, etc- is it too late to sue my employer and what would the charges be?

    KarlaApr 26, 2016  #3

  • Ms.Gong,

    Policies require that you provide proof of loss and notice of claim within a certain time frame. If you are now only filing for disability then you may be precluded for failure to give notice and for not being covered. If a claim was not filed prior to the date you voluntarily quit your job then Standard may not be responsible for payment of benefits under the plan. A diagnosis does not in and of itself equal a disability- a doctor would have had to certify that your condition prevented you from working prior to quitting your job. Unfortunately, there stands a likely chance we would not be able to assist you.

    Stephen JessupDec 16, 2015  #2

  • I was covered by my company’s short term and long term disability plan when I was diagnosed with schizophrenia in May 2013. I quit my job Jan 31 2014 because of the illness. I experienced psychosis for an extended time and could not take care of myself until recently. I am trying to file for disability benefits that should cover for me in 2013 but the Standard Insurance said I am no longer an employee and I can not file. Is it legal for them not to cover the disease that led to me quitting my job. I have both doctor’s diagnosis in 2013 and a recent hospitalization certificate.

    Ms.GongDec 15, 2015  #1


Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Shawn C. DDS

After developing a debilitating disorder which left me unable to perform my duties as a dentist I had to begin the process of filing a disability claim. I managed to secure two of the policies on my own but the group policy I had with Sunlife kept giving me the run around refusing to pay out. I soon realized I needed to find a disability attorney and that the insurance companies did not have my best interests.

After talking with a few different firms I decided to go with Dell & Schaefer. From the start the secretaries, record keeping, and Attorney Greg worked diligently on my case and within a few weeks we got a letter that the claim would be paid. I soon realized that this was one of the best decisions I had ever made.

Since hiring Attorney Dell almost 4 years ago things have run very smooth. He is thorough and very good at getting things accomplished in a professional and timely manner. He is a pleasure to speak to and always makes time for his clients. The staff has been very helpful and always willing to answer any questions.

When companies want to meet with me, Attorney Dell takes care of setting it up and makes sure that I always have some form of representation whether via phone or in person. I do not have a bad thing to say about this firm. They allowed my family and I to not have to worry about financial stress while going through this difficult time in our lives.

Thank you Greg, Anneli, Carolyn, and the rest of the team for being there for us. They are the best at what they do!

Read 424 reviews

Speak With An Attorney Now

Request a free legal consultation: Call 800-682-8331 or Email Us