California’s 9th Circuit Rules Timing Critical for Filing Erisa Claims

When former employees believe they are being denied or not receiving the full amount of ERISA-protected benefits, they must challenge the insurers’ final denial of their claim within a certain period of time. California’s 9th Circuit Court of Appeals recently determined the statute of limitations for filing an ERISA lawsuit – or how long former employees have to file a lawsuit challenging the denial of benefits – for the denial of an ERISA-protected benefits claim is four years.

Think You Have Coverage? What Your Policy Really Covers May Surprise You

The definition of total disability is not standard and will vary from company to company and product to product. Total disability can be defined in different ways. Generally, it can refer to total disability where one is unable to perform the substantial and material duties of your own occupation commonly referred to as “own occupation” coverage. Or, it can refer to coverage if one is unable to perform “any occupation” for which you are reasonably educated, trained or suited. This is called “any occupation” coverage.