David C. Pellegrin
U.S. Court of Appeals for the Fifth Circuit Ruling on LTD Calculation Challenge Time Limits
In the recent case of Faciane v. Sun Life Assurance Co. of Canada, No. 18-30918, __F.3d__, 2019 WL 3334654 (5th Cir. July 25, 2019), the New Orleans-based U.S. Court of Appeals for the Fifth Circuit followed other federal courts of appeal and several district courts within the Fifth Circuit in finding that the time limit for challenging an ERISA LTD administrator’s benefit calculations in court begins upon notice of the benefit calculation.