Can I bring a civil action under Section 502(a) of ERISA (1974) for termination of Long Term Disability Benefits?

When your long term disability benefits are denied or terminated, you must exhaust administrative remedies by filing a timely appeal which you did. You may then file a civil suit under 502(a)(1)(b) (29 U.S.C. 1132 (a)(1)(b)) which is the provision of the ERISA statute that permits you to sue if your benefits are denied or terminated. This section states that a participant in the plan may file suit to recover benefits, to enforce rights under the plan, and to clarify rights to future benefits. You are seeking to recover benefits (long term disability benefits). The statute of limitations is 4 years from the date that your appeal was denied unless the plan provides for a 3 year statute of limitations. You do not provide the date that your appeal was denied. If it is more than 3 years after the appeal denial date (if your plan provides for a 3 year statute of limitations) or more than 4 years after the appeal denial (if your plan does not provide a statute of limitations), then it is too late to file suit because your suit will be barred by the statute of limitations. Ruth Silver Taube Law Office of Silver & Taube 1339 Pauline Drive Sunnyvale, CA 94087 (408) 737-2313 (phone) (408) 737-2937 (fax) [email protected] http://www.silverandtaube.com

Assuming that you would be filing suit in California, I agree with the other answer 100%. There is a possibility that you might be allowed to file the case elsewhere, though, and that the statute of limitations may not have run in all jurisdictions. The ERISA statute states that these cases may be brought anywhere the defendant may be found, and these big insurance companies can be found just about everywhere. Depending on the terms of the plan, the length of time it took to appeal the claim, and the length of time it took for the insurer to make the final decision, it's possible that you may still have a case in some jurisdictions, but it does seem very unlikely.