Eleventh Circuit reaffirms statute of limitations will bar an ERISA claim if plaintiff does not act to recover benefits.

In Witt v. Metropolitan Life, decided November 25, 2014, the Eleventh Circuit had to apply a statute of limitations defense to the following facts: “But what happens when the defendant says it issued a formal denial letter and the plaintiff says he never received the letter, but it is undisputed the defendant terminated benefits and did not pay the plaintiff any benefits for 12 years? This Court has not addressed this situation before.” Not surprisingly, as soon as the Plaintiff did not receive any further benefits from the defendant the Court found that his cause of action accrued.  Even applying a six year statute of limitations, the court found it time barred.