Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today
The plan, by law had 90 days, with the ability to extend that another 90 days, to approve or deny you claim and start either paying benefits or allow you to appeal the decision internally. If denied you have 60 days to submit an appeal and the plan gets 120 days from then to grant or deny your appeal. So as you can see, absent anything, the plan at the very least gets 180 days to start payment or deny it. Then it can be as long as another 180 days to appeal.
It appears a violation of law (he Employee Retirement Income Security Act (ERISA) occured when the plan a) failed to give you notice of its granting benefits within that 180 days. Second, they cannot wait that long (they only have 60 days from approval to pay out benefits) to pay your benefits to you. So, at this point, you need to appeal internally to the plan, under its procedures. This is a complicated process and I'd encourage you to either enlist the free help of the department of labor (which you can find here:http://www.dol.gov/ebsa/contactEBSA/consumerassistance.html) or retain a benefits attorney in your area. You'll need to get a copy of the plan and whatever provisions the plan purport to be relying on in its benefits determination and lack of timeliness.
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