August 2011

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? Yes.

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Here 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 “competitive

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