For those who obtained incapacity insurance coverage via your employer, any declare for short-term incapacity (STD) or long-term disability (LTD) could be topic to the principles set forth by the Worker Retirement Revenue Safety Act (ERISA) and/or the Code of Federal Rules, with restricted exceptions (i.e., authorities workers and church workers). For those who submitted a declare for STD or LTD advantages that has been denied, you must have been knowledgeable in writing by the declare administrator that you’ve got 180 days from receipt of the denial letter to submit a request for attraction. Failure to adjust to the attraction deadline on a declare ruled by ERISA may end up in you being barred from additional pursuing the declare.
The Division of Labor (DOL) and the Treasury Division prolonged sure deadlines associated to retirement, well being, and welfare plans in response to the present COVID-19 pandemic. This text will solely assess the have an effect on that these guidelines with have on claims for incapacity insurance coverage advantages ruled by ERISA.
The DOL and Treasury Division acknowledged that folks would face delays in submitting a well timed incapacity declare or attraction as a result of COVID-19 pandemic. On Could 4, 2020, these authorities companies issued new guidelines, efficient March 1, 2020, to briefly droop sure deadlines related to ERISA-covered incapacity plans. These new guidelines created an “Outbreak Interval” that prolonged sure ERISA deadlines just like the deadline to submit a request for attraction. The Outbreak Interval will expire 60 days after the top of the COVID-19 Nationwide Emergency has been declared. In different phrases, the 180-day attraction deadline doesn’t apply throughout the Outbreak Interval and won’t begin to run once more till after the Outbreak Interval has expired.
You probably have any questions on a denied declare for incapacity advantages, please contact legal professional Kevin M. Zietz for a free session. You probably have questions on how a lot time you need to submit a request for an attraction on a denied incapacity declare ruled by ERISA, you too can seek the advice of the DOL the place you could find Regularly Requested Questions that may help plan individuals, beneficiaries, sponsors and employers affected by the COVID-19 outbreak perceive their rights and obligations underneath ERISA.