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Introduction

Timing is critical for ERISA long term disability litigation 鈥� and a factor claimants often overlook or misunderstand. Failure to file your ERISA litigation at the correct time can have dire consequences for you and your disability benefits.

If you file too early, the court often will dismiss your case, thus costing you valuable time and money spent on preparing your litigation. You may have an opportunity to correct the error of filing too early, as detailed below. However, there are much more serious and permanent consequences if you file your lawsuit too late. If you file after the statute of limitations, your claim will likely be dismissed, and you will be permanently unable to recover your benefits in court.

If you file an Employee Retirement Income Security Act (鈥淓RISA鈥�) long term disability lawsuit, your success will depend heavily on which legal standard of review the court applies.  The standards are anything but equal.  The one used in your case can have a substantial impact on your success.

"George鈥� had been a loyal employee of a major bank for over ten years, when the division he worked for was sold off to a competing company and his employee stock ownership plan (ESOP) was partially terminated due to the sale. Strongly believing that he was being unfairly deprived a fair share of the earnings on his investment in the ESOP, he sought expert legal advice.

Your long term disability policy may limit your period of eligibility if your disability results from a psychiatric condition.  This is commonly referred to as a Mental Illness Limitation.  Notably, the limitation may affect you even if you are not disabled due to a psychiatric condition.

ERISA litigation can be a long, complicated, and arduous process. Knowing the basics will help you decide whether litigation is right for you.