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3rd Circuit Long-Term Disability Benefits Cases

(Delaware, New Jersey, Pennsylvania, and the Virgin Islands)

Objective Proof of Long-term Disability

The Third Circuit has decided that it would place an impossible hurdle on claimants to require objective proof of disability due to chronic fatigue syndrome. As such, long-term disability benefits claimants in Delaware, New Jersey, Pennsylvania, and the Virgin Islands, cannot be required present objective proof of pain syndromes as it would "defeat the legitimate expectations of plan participants."

Statute of Limitations

The Employee-Retirement Income Security Act of 1974 (ERISA) contains a 6-year statute of limitation for long-term disability benefits claims alleging breach of fiduciary duty, but does not provide a statute of limitation for bringing non-fiduciary claims, such as wrongful denial of benefits. In non-fiduciary cases, the disability policy may contain a shorter deadline which is binding for filing suit.

Please contact us for experienced assistance with your disability claim. We pride ourselves on providing cost-effective solutions.