Timing is key in miscalculation-of-benefits lawsuits
Abstract: The statute of limitations defines the time after which a plaintiff can no longer file a lawsuit against a defendant. If a qualified retirement plan denies benefits to a participant, when does a claim for benefits "accrue" to trigger the running of the statute of limitations? A recent court case examines this issue. Citation: Novella v. Westchester County, 661 F.3d 128 (2nd Cir. 2011); Wise v. Verizon Communications, Inc., 600 F.3d 1180 (9th Cir. 2010); Young v. Verizon’s Bell Atlantic Cash Balance Plan, 667 F.Supp.2d 850 (N.D. Ill. 2009); Miller v. Fortis Benefits Insurance Co., 475 F.3d 516 (3d Cir. 2007).