Do Not Sleep on Your Rights to Disability Benefits
In a recent case out of New York, the court found that the Plaintiff did not provide a good enough reason for failing to timely file his ERISA action.
New York in Viti v. The Guardian Life Insurance Company of America, the plaintiff’s disability was not disputed; both parties agreed that his disability was genuine and prevented him from returning to work. However, the plaintiff missed the deadline for filing his appeal. He filed an action to compel reconsideration of his application but did so well after the contractual three-year statute of limitations had run. The question came down to whether the plaintiff had a good enough reason for his very late filing.
Courts have sometimes excused claimants’ failure to pursue their rights to disability benefits under a doctrine called “equitable tolling” where plaintiff’s mental or physical condition prevented him or her from filing within the time limit. Under this doctrine, a plaintiff’s late appeal would be excused only if the reviewing court found that extraordinary circumstances existed. Moreover, the plaintiff must also show the court that he acted with “reasonable diligence” to pursue his application during the tolling period (the period during which the statute of limitations does not run).
In this case, the plaintiff became disabled as a result of witnessing firsthand the terrorist attacks of September 11th. Shortly after being diagnosed with General Anxiety Disorder he applied for disability benefits under his disability plan with Guardian. Guardian denied the plaintiff’s application and explained the process for appealing the decision, specifically warning the plaintiff that no appeal could be brought more than six months after the date of the initial denial. As we already know, the plaintiff did not appeal the denial by the deadline.
Extraordinary Circumstances Did Not Exist
The plaintiff argued that his mental or physical condition prevented him from filing within the time limit. However, during the court’s review, the court acknowledged that the plaintiff was able to file an application for Social Security benefits during the claimed period of incapacity.
Plaintiff claimed that his application for Social Security benefits was irrelevant because his wife was the true force behind the application. Indeed, New York courts have held that only the claimant’s own mental illness is relevant in tolling calculations. Unfortunately, the court found that such didn’t apply to plaintiff’s case because the statute of limitations was not taken from New York state law.
Furthermore, since plaintiff provided no evidence to support his assertion that his wife was the true force behind his Social Security application it was concluded that the plaintiff had filed his own Social Security application with his wife’s assistance.
Plaintiff Did Not Act With Reasonable Diligence
As the court explained, “mental incompetence alone does not excuse a plaintiff from the responsibility of pursing his disability application; the claimant must attempt to preserve his claims and pursue his rights with reasonable diligence, with due regard for his condition.”
Since no extraordinary circumstances were found to exist and the plaintiff did not show that he had acted with reasonable diligence during the claimed period of incapacity his late appeal was not excused.
This case is a good reminder of why it is important to not sleep on your rights to disability benefits. Even if extraordinary circumstances are found to exist, a claimant must attempt to preserve his claim. Ultimately, every disability claim has time limitations that must be followed, and as we know, failure to abide by the deadline can only be excused in extraordinary circumstances. The time limitations for filing a lawsuit on a denied disability claim are different for each disability policy and it is important to seek the advice of a disability attorney to ensure that your rights are not forfeited for neglecting to timely pursue them.
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Guardian
Guardian not being flexible during Covid
Guardian denied my LTD due to doctor’s office not sending medical records quickly due to office closed because of Corona virus. There was nothing that I could do to get ... read more >
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Guardian
Guardian thinks people with lupus miraculously recover
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The IRS should know that Guardian refuses to send my W-2 form
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Guardian
Guardian cancelled my husband's claim without checking his medical records. Do better. We have children to feed and bills to pay.
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Trying to get my husband’s short term debility started after a heart attack. I don’t understand their process for collecting information and making a decision about hi... read more >
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Guardian
If you work for a company who offers Guardian, tell them NO and get a non ERISA provider. Guardian lied about my options and then tried to tell me I'm not disabled
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Answered Questions by Our Lawyers
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Q: If I am covered by Guardian STD, why are they telling me to file with the state?
A: Guardian is telling you to file with the state as they will get an offset for anything the state pays you. Read More >
Q: I accepted and deposited a lump sum long term disability payment installment for underpayment from Guardian. Can they ask for money back if I try to work again?
A: In most lump sum settlements, once you receive a buyout then you can attempt to do anything you want once the ... Read More >
Q: How Does Guardian Calcualutate my Long Term Disability Benefit?
A: Christopher, you should request a detailed explanation and calculation of your long-term disability benefit fr... Read More >
Q: How long do I have to file my Guardian disability appeal?
A: Jennifer, if you have an employer provided policy you will have up to 180 days to file the appeal. If you woul... Read More >
Q: Can I claim a permanent disability to avoid a surgery that requires several months of down time without promising results?
A: Lia, each claim depends on the specific facts and circumstances of the case in conjunction with the specific t... Read More >
Q: Do I still need to fill out Guardian claim forms if I am eligible for Presumptive Total Disability?
A: Kate, it is common for benefit checks to be accompanied with claim forms as a matter of course. You can make i... Read More >
Q: Can Guardian make me file taxes on a non-taxable insurance?
A: Dan, Guardian cannot make you file taxes. Only a tax professional can determine whether your benefits are taxa... Read More >
Q: Does Guardian reduce the qualifying income when an STD becomes a LTD?
A: John, the document you are describing might not actually be the Long Term Disability Insurance Policy. The 270... Read More >
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