Angela Bohmann

Angela Bohmann

Stinson Leonard Street

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Latest Posts › Claim Denial Letters


Not all Plans can Establish a Shortened Limitations Period for Filing Lawsuit

I recently blogged about a case in which a plan had established a shorter period of time (one year deadline) for filing a lawsuit, rather than relying on the state statute of limitation (six years) which would otherwise have...more

10/5/2015 - Claim Denial Letters Employee Benefits ERISA Filing Deadlines Preemption Retirement Retirement Plan Statute of Limitations

Don’t Play Hide the Ball with Your Claims Procedure

ERISA does not have a statute of limitations for lawsuits brought by participants to check claim benefits under the plan. Instead, courts borrow from similar state statutes of limitations. In a decision two years ago, the US...more

9/22/2015 - Claim Denial Letters Employee Benefits ERISA Plan Documents Retirement Retirement Plan SCOTUS Statute of Limitations Summary Plan Description

It Pays To Add A Statute Of Limitations To Your Plan’s Claims Procedure

ERISA requires that plans contain a reasonable claims procedure. Courts have generally required claimants to exhaust that claims procedure before filing a lawsuit. In addition, if the plan gives the plan administrator...more

3/12/2013 - Claim Denial Letters ERISA Statute of Limitations Summary Plan Description

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