How long do you have to file an ERISA claim?

On Behalf of | Apr 12, 2023 | ERISA Disability Benefits

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that establishes minimum standards for the majority of voluntarily established retirement and health plans. It also protects individuals who have been denied benefits under their employer’s benefit plan. 

If you find yourself in this situation, it’s essential to understand the timeline for filing an ERISA claim.

Claim and appeal

When it comes to filing an ERISA claim, there are two timelines you should know and keep in mind: the statute of limitations and the claims procedures timeline. 

The statute of limitations is the amount of time you have to file a lawsuit after being denied benefits by your employee benefit plan. The claims procedures timeline is the amount of time your plan administrator has to respond to your claim for benefits, typically within 45 days. You can appeal the decision if you have been denied benefits from your employee benefit plan. You must appeal within 180 days of receiving notice of denial from the plan administrator to be considered. This is known as a claims procedures timeline.

If the appeals process is unsuccessful and your claim is still denied, you may have grounds for legal action against the plan administrator.

It’s important to note that these timelines can vary depending on your specific situation. Filing an ERISA claim can be a complicated process. It’s best to work with someone who can help guide you through the process and ensure all necessary steps are taken within the appropriate timeframe. However, understanding the timelines involved can help make sure that all deadlines are met and that you receive any benefits due under your employee benefit plan.