Must a Disability Benefit Denial Letter Inform Claimant of the Time Period to File Legal Action? Not in This Case….

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ERISA regulations require that the benefit denial letter contain “a statement of the claimant’s right to bring a civil action….” 29 C.F.R. Section 2560.503-1(g(1)(iv).

What does this mean?

Does this mean you have to include specific language detailing the time limitations for bringing a legal action? Depends on your venue.

Here’s a great new case on the topic: Heimeshoff v. Hartford Life & Accident Ins. Co. and Wal-Mart [PDF], __F. Supp. 2d __ (D. Conn. January 16, 2012)(attached)(Benefit denial letter not required to specify time limitations for suit because the ERISA regulation language “suggests that the DOL did not intend to require such a time limit notification in the benefit determination.”).

Please see full article below for more information.

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