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Regulatory Deadlines Under ERISA

ERISA has numerous regulatory deadline standards. The Seventh Circuit regularly holds that insurance companies only have to "substantially comply" with these deadlines and rules. In one instance, however, when a claimant failed to meet a regulatory deadline, the Seventh Circuit held that the substantial compliance doctrine did not apply to save the claimant's claim. The deadline was 180 days to file an administrative appeal after a denial of benefits. The claimant submitted her appeal eleven days late. The appeal was denied and the claimant sued. The plan moved to dismiss the case because the claimant failed to exhaust her administrative remedies. The district court agreed, reasoning that the late appeal was the equivalent of no appeal and the Seventh Circuit affirmed, refusing to apply the substantial compliance doctrine so often applied to actions and decisions of insurance companies, and rejecting the claimant's argument that she had written the plan repeatedly telling the plan administrator that she would submit her appeal as soon as she obtained her records.

Seventh Circuit ERISA Lawyer

For experienced, dedicated legal counsel, please do not hesitate to call an ERISA lawyer at our firm at (844) 710-2993. We serve the Seventh Circuit by representing claimants in the following states and cities: Illinois: Chicago, Aurora, Rockford, Joliet, Naperville, Springfield, Peoria, Elgin, Waukegan, Cicero and Campaign; Indiana: Indianapolis, Fort Wayne, Evansville, South Bend, Hammond, Bloomington, Gary, Carmel, Fishers and Muncie; and Wisconsin: Milwaukee, Madison, Green Bay, Kenosha, Racine, Appleton, Waukesha, Oshkosh, Eau Claire and Janesville.

More information about how your state’s laws affect your ERISA claim within the Seventh Circuit can be obtained through your state Department of Insurance.