After the Plaintiff filed her suit, however, The Standard sought to have it dismissed by claiming that this policy limitation provision to file suit barred the claim. The Plaintiff protested that the provision should not be enforced because she was never provided a copy of the long term disability policy. This protest fell on deaf ears. Instead the court found that even though the Alabama statute of limitation for contract action was six (6) years, this policy had a shorter statute of limitation which the court would enforce unless it was unreasonable. Since the Plaintiff still had a year after exhausting her administrative remedies to file a lawsuit, the court found that this was not unreasonable.
A word to the wise: individuals seeking benefits should immediately request a copy of the Summary Plan Description and the Plan document. What will actually control is the Plan document. However, it is best to ask for the Summary and the Plan document to make certain that you can enforce your rights and to make certain that you know your rights. Don’t wait to act!