In a recent ERISA disability benefits case, the First Circuit answered the following questions involving a claim for the underpayment of monthly benefits: 1) when does the underpayment claim accrue?; and 2) does each new monthly underpayment give rise to a new claim?
In this case, the LTD claim was approved, but the insurer denied the claimant’s assertion that the benefits amount was inaccurate. Ordinarily, a cause of action for ERISA benefits accrues when a fiduciary denies a participant benefits. In this case, benefits were …
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