Menu Close Menu

How Much Time Do I Have To File A Claim In Federal Court?

The time you have to file a long term disability claim in federal court is governed by a statute of limitations or SOL. Most of the time the SOL can be found in the policy and it is typically 3 years from whatever date the policy says (e.g., 3 years from when “proof of loss is due” and proof of loss is due 90 days after the elimination period which is 180 days – so, if the date of disability began on January 1, 2010, the elimination period runs 180 days later on June 1, 2010, and proof of loss is due 90 days later on September 1, 2010, then SOL runs 3 years after that on September 1, 2013). However, sometimes there is no SOL in the policy. With regards to claims for disability benefits under 28 U.S.C. § 1132(a)(1)(b), there is no specific statute of limitation under ERISA. Instead, the claimant must file suit within the most analogous state statute of limitations period. In other words, we use law regarding the SOL of the state in which contract was issued and delivered and run it from the breach of the contract (when benefits owed).


Seth has always been compelled to excel, whether it meant earning his Eagle Scout as a teenager, participating in theater, debate and varsity football in high school, his Rhodes Scholar candidacy in college, or opening his own law firm. He also perseveres in situations others might shy away from, whether it involves sky-diving, rappelling down a mountain, white-water rafting, participating in marathons and triathlons, writing a novel, or lecturing nationally to large audiences about the vagaries of ERISA.


Seth is committed to serving disabled individuals. He is proud of his work in prominent organizations such as the American Association for Justice (AAJ), the Tennessee Bar Association (TBA) and Hospice. Seth is past-Chair of both AAJ's & TBA's Disability Law Sections, past-President of the Chattanooga Trial Lawyers Association, a 2-time recipient of the Pro Bono Excellence Award, and a 7 year member of the Board of Directors for Hospice of Chattanooga.