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Monthly Archives: July 2015

Case Study: When Is Your Appeal Actually Due?

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By Scott E. Davis, Disability Attorney

In the recent Ninth Circuit case of LeGras v. Aetna Life Ins. Co., 786 F.3d 1233 (9th Cir. 2015), the issue at hand was –  when is an ERISA disability appeal actually due when the 180 day deadline to appeal falls on a weekend or holiday?

After working 23 years as a loyal employee for Federal Express Corporation, Andre LeGras seriously injured himself and filed a claim for long term disability benefits.  Aetna Insurance (Federal Express’s Claim Administrator) initially denied the claim and informed LeGras that he could file an appeal within 180 days – but this was a Saturday.

After working 23 years as a loyal employee for Federal Express Corporation, Andre LeGras seriously injured himself and filed a claim for long term disability benefits.  Aetna Insurance (Federal Express’s Claim Administrator) initially denied the claim and informed LeGras that he could file an appeal within 180 days – but this was a Saturday.

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Beware of Working Part Time In The Months Before Filing a Disability Claim

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By Scott E. Davis, Disability Attorney

For many people who are struggling to work due to an acute unexpected medical condition, they do not have the opportunity to prepare or plan for filing a short and or long term disability claim.  My experience is that most people who eventually file disability claims, have chronic medical conditions which have been ongoing for months and even years. Continue reading