You must be allowed at least 60 days to appeal any denial. After receiving your appeal, the plan generally must issue a ruling within 60 days, unless the plan provides for a special hearing. If the plan notifies you that it must hold a hearing, or that it has other special circumstances, it may have an additional 60 days.

The plan must furnish you with the final decision on your appeal and the reasons for the decision with references to the relevant plan documents. If you disagree with the final decision, you may then file a lawsuit seeking your benefit under ERISA, as explained below. But courts generally require that you complete all the steps available to you under your plan's claims procedure in a timely manner before you seek relief through a lawsuit. This is called "exhausting your administrative remedies."

May you sue under ERISA?

As a plan participant or beneficiary, you may bring a civil action in court to:

Recover benefits due you and enforce your rights under the plan.

• Get access to plan documents you requested in writing. If your plan administrator does not supply the plan documents within 30 days of your written request, a court could find the plan administrator personally liable for up to $110 per day (unless the failure results from circumstances reasonably beyond his or her control).
• Clarify your right to future benefits.
• Get appropriate relief from a breach of fiduciary duty.
• Enjoin any act or practice that violates the terms of the plan or any provision of Title I of ERISA, such as the reporting and disclosure, participation, vesting, funding, and fiduciary provisions, or to obtain other equitable relief.
• Enforce the right to receive a statement of vested benefits upon termination of employment.
• Obtain review of a final action of the Secretary of Labor, to restrain the Secretary from taking action contrary to ERISA, or to compel the Secretary to take action.
• Obtain review of any action of the PBGC or its agents that adversely affects you.