Do State Statutes of Limitation Apply to Federal Lawsuits?

There are two major time limitations you need to remain aware of for your ERISA disability case.  First, you generally have only 180 days to appeal a benefit denial or benefit determination.  In group disability policies, you generally must appeal right back to the insurance company who denied your claim.  If that appeal is denied, you may file suit.  The disability insurance plan may have its own statute of limitations, so you need to look at that first.  There is no ERISA/federal statute of limitations.  Instead, the court will look to the state statute of limitations for written contracts.  You should consult with an experienced ERISA disability attorney in your area.

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