The Plaintiff in this case was terminated from his job in July 2008 based on poor work performance. While he worked for his employer, he had a long term disability policy under ERISA. In October, 2011, he was diagnosed with multiple sclerosis and he applied for benefits under the Defendant’s policy. He claimed that his poor job performance was caused by the mental health and cognitive problems associated with his then-undiagnosed MS. Of course, the Defendant denied the benefits based on the determination that the Plaintiff was not disabled at the time of his termination. He brought suit, and the district court dismissed his case on summary judgment. He appeals.
The Court notes that the policy required Plaintiff to provide written notice of his claim within 30 days of a set period of time and to provide proof of the claim no later than 90 days after the end of period. The policy also had a limitations period requiring and lawsuit for benefits to be brought within 3 years of the date the proof of claim was required. The Court finds, despite the Plaintiff’s arguments to the contrary, that the Plaintiff did not file suit until after the limitations period had expired and therefore the Plaintiff’s lawsuit is untimely. The Court affirmed the lower court.
If you need assistance navigating your claim for short term or long term disability benefits under ERISA, or it is time to sue the insurance company, please do not hesitate to give Cody Allison & Associates, PLLC a call (844) LTD-CODY, (615) 234-6000. or send us an e-mail Cody@codyallison.com. We provide representation nationwide and have successfully sued all the major insurance companies in many states. Our headquarters are located in Nashville, Tennessee. We offer a free consultation and would love to speak with you.