Statute of Limitations

Are those three year suit limitations provisions in ERISA-governed long term disability plans enforceable? YES!

Here’s today’s case, Heimeshoff v Hartford Life & Accident Insurance Co., __ U.S. __ (December 16, 2013) (“3 year from time proof of loss must be submitted” suit limitation provision enforced as reasonable).

FACTS.  Heimeshoff made an ERISA-governed long term

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.