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Text of Ninth Circuit Opinion: Deadline for Appeal of Benefit Claim Denial Extended to Monday When It Falls on a Weekend (PDF)
U.S. Court of Appeals for the Ninth Circuit 
May 29, 2015 "In a letter denying LeGras's application for continued long-term disability benefits, AETNA informed LeGras that he could file an internal appeal of the decision within 180 days. The 180-day period ended on a Saturday. Although LeGras mailed his appeal the following Monday, AETNA denied it as untimely ... We hold that because the last day of the appeal period fell on a Saturday, neither that day nor Sunday count in the computation of the 180 days. As LeGras mailed his notice of appeal on Monday, it was timely. This method of counting time is widely recognized and furthers the goals and purposes of [ERISA]. We therefore adopt it as part of ERISA's federal common law." [LeGras v. Aetna Life Ins. Co., No. 12-56541 (9th Cir. May 28, 2015)] MORE >> |
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