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Where Administrative Appeal Deadline Ends on Saturday, Monday Appeal Is Timely

By Patrick Begos on July 26, 2015

In LeGras v. Aetna Life Ins. Co., 786 F.3d 1233 (9th Cir. 2015), plaintiff’s 180-day period to administratively appeal ended on a Saturday, and he mailed his appeal the following Monday. Aetna denied the appeal as untimely. Plaintiff sued, and the district court had dismissed the claim for failure to exhaust administrative remedies.

The 9th Circuit reversed (in a divided decision), stating: “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.”

  • Posted in:
    Employment & Labor, Tax
  • Organization:
    Robinson & Cole LLP

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