Trustee decisions final & binding

[Guest sidalee1]

We have a situation wherein several years ago (5+) a participant requested and was denied disability benefits because she had not attained the requisite age at the time her employment terminated due to the disability. (this is a jointly trusteed plan) A union trustee now wants to reopen the issue claiming there are new facts - these facts were known at the original meetings, but the trustee is claiming she was unaware and/or misunderstood the information. Are there any cases out there or can somebody guide me to information which states that the decision back over 5 years ago is final and binding on the trustees and that the issue cannot be reopened? If the trustees can in fact reopen cases such as this, what prevents them from reopening and rehearing almost any other case?

Any guidance is much appreciated!

[david rigby]

If there are new facts, or new understanding of old facts, why not just re-submit the request? Might be more efficient than looking for other similar cases.

[Guest sidalee1]

The union trustee who is requesting the case be reopened is claiming there are new facts, but in fact, there are none. Unfortunately, the trustees have deadlocked on whether to reopen and I am trying to find somethign that says it is final and cannot be reopened. It appears though, that it can be reopened? Even after 5+ years?

[Guest mjb]

If this claim was denied under section 502 of ERISA the statute of limitations for filing a lawsuit based upon a denial may have expired. You need to check with counsel. However, plan fiducaries can always exercise discretion and review a previously denied claim unless the plan does not permit such action.

[Effen]

This is clearly a legal issue and should be handled by the Fund's ERISA counsel.