Employee benefits

Can Statute of limitations be indefinitely extended if granted by a Claims Review Unit ? As ERISA requires appeal prior to suit

was preparing appeal with claims review unit several years ago & prior to deadline to submit it to them, I wrote & informed them of serious health problems, (including 2-heart attacks & my Doctor told me over stress of appeal) and told them I would not be-able to provide the appeal by the time they provided. I then received this written reply. In your letter you state that your appeal "cannot be fully prepared & provided by your stated deadline in your above referenced letter..." Please note that we're not concerned with the timing of your appeal. Please take the time you believe necessary & then submit your appeal to the Claims Review Unit. To me seems like a Court would agree they waived the Statute of Limitation? They now granted appeal but limiting issues I think all be include

Nathan’s Answer

The language can be read with different interpretations. On one hand, "we're not concerned" may mean they're waiving it. On the other, it may mean "we have nothing to do with that determination."

Again, on one hand, "take the time you believe necessary" may mean they're waiving it. On the other hand, it may mean, "do what you want, it has nothing to do with us."

A consultation with a qualified attorney should help sort this out but no predictions can be made as a court may, with the limited information given above, go one way or another.

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