COVID-19 Deadline Extension

COVID-19 has been a dark cloud in 2020, but for ERISA disability insurance claimants, there is a bright silver lining: A new federal rule provides that ERISA disability insurance filing deadlines which occur after March 1, 2020 are suspended during the “outbreak period” until 60 days after the COVID-19 National Emergency ends.  That means if your ERISA disability claim or appeal was due after March 1, 2020 and you missed the deadline (your claim or appeal was due in March 2020, April 2020, June 2020 and so on), it is still timely as of the date of this article, August 10, 2020, and for another 60 days, or October 11, 2020 and ongoing until 60 days after the COVID-19 National Emergency ends.  The new federal rule does not operate to resurrect claims and appeals which expired prior to March 1, 2020.

The Rule “Extension of Certain Timeframes for Employee Benefit Plans, Participants, and Beneficiaries Affected by the COVID-19 Oubreak is available at: https://www.federalregister.gov/documents/2020/05/04/2020-09399/extension-of-certain-timeframes-for-employee-benefit-plans-participants-and-beneficiaries-affected