Workers who have been denied retirement or disability benefits from their employers and who want to appeal should be aware that a recent Supreme Court ruling has shortened the statute of limitations for filing suit on these claims.
The Employee Retirement Income Security Act of 1974 (ERISA) sets minimum standards for pension plans provided by private businesses. While the act does not force employers to provide pension plans for employees, it does require that established plans meet certain standards. When individuals who have been denied benefits want to challenge that denial, they must now be careful to be aware of what length of time is prescribed by the plan itself.
Most ERISA plans require that before a lawsuit is filed, the claimant must pursue every administrative appeal possible. Prior to this December 2013 ruling, most people thought that the statute of limitations did not start ticking until had finished with the administrative process. The new ruling allows for individual ERISA plans to set forth their own time limits, meaning a claimant could still be dealing with the administrative process when the period of time in which they can file suit has run out.
The lawyers of Johnson & Groninger represent many injured workers who need their long-term disability benefits, and their disability retirement benefits. We recognize that this new decision could put workers’ rights to their benefits at risk. We urge anyone dealing with an ERISA claim to talk to an attorney and to be well aware of the time limits prescribed by his retirement plan.
Author Bio
Valerie Johnson
Founder
Valerie Johnson is a North Carolina personal injury and workers’ compensation attorney dedicated to helping injured and working people across the state. A board-certified specialist since 2000, she is the Immediate Past President of the North Carolina Advocates for Justice and author of North Carolina Workers’ Compensation Law: A Practical Guide to Success at Every Stage of a Claim.
