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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Lane Powell PC - ERISA Law Blog | Attorney Advertising

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