When is an ERISA claim timely? You need to look at: the state statute of limitations, the limitations provisions in the plan, and… when the claim “accrues.” BUT… Is there a difference when the claim involves just the calculation of the benefit, rather than whether the claimant is entitled to a benefit at all?… Continue Reading
Monthly Archives: August 2011
ERISA: Third Circuit – Third Party Administrator of Self-Funded Plans Gets Discretionary Review
Posted in ERISAHere is a case update on two important ERISA issues: 1. Does “conflict of interest” apply to third-party administrators of self-funded plans? Claimants may argue that de novo review applies to third party claim administrators (TPA) of self-funded plans due to a conflict of interest. They will claim the TPA is in such a… Continue Reading
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