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Ben's Blog 
Disability Insurance Claims
- When Hartford comes a calling....
- "ERISA Sucks" Judge Refuses to Vacate Order
- A Federal Judge Explains Why ERISA Sucks (Believe Me, It Does)
- VA Worker's Comp Commission Rules Facebook To Be Protected
- First UNUM Finally Loses 15 Year Old Disability Case
- Do I Have To Do Everything My Insurance Company Requests?
- What If My Doctor Refuses To Cooperate With Me In A Claim For Disability?
- What If My Termination Letter Says I Missed A Deadline, Is My Case Lost?
- Does ERISA Apply If I Work For A Government Agency?
- If I'm Involved In A Disability Lawsuit, How Long Will It Take To Resolve?
Virginia Lawyers Weekly » Verdicts & Settlements 
Frequently Asked Questions about Personal Injury, Medical Malpractice, and Insurance Disputes
Q: Do state statutes of limitation apply to Federal lawsuits? So, under ERISA, would every lawsuit be filed in Federal court?
A: There are two major time limitations you need to remain aware of for your ERISA disability case. First you generally have only 180 days to appeal a benefit denial or benefit determination. In group disability policies you generally must appeal right back to the insurance company who denied your claim. If that appeal is denied you may file suit. The disability insurance plan may have its own statute of limitations so you need to look at that first. There is no ERISA/federal statute of limitations. Instead, the court will look to the state statute of limitations for written contracts. You should consult with an experienced ERISA disability attorney in your area.
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Latest News
- Posted on 11/17/2009Unum Orders Functional Capacity Exam, Then Ignores It
- Posted on 11/17/2009Sun Life Could Not Simply Ignore Social Security Award
- Posted on 10/22/2009Prudential insurance company loses another disability case
- Posted on 10/18/2009MetLife Hammered in Disability Case After Ignoring Treating Physician Opinion
- Posted on 9/30/2009Judge Calls Hartford's Review of File "Incomplete, Selective and Unreasonable"