Moore v. Berg Enterprises, Inc., 1999 U.S. App. LEXIS 30481 (10^th Cir. Nov. 23, 1999) (unpublished)-Moore was diagnosed with chronic fatigue syndrome in 1988. In 1990, Moore sought benefits from Transport Life. Transport informed Moore that he failed to provide evidence that he was “totally disabled” before he resigned from his employment. Apparently discouraged, Moore did not pursue his claim for benefits until 1996.  At that time, Moore submitted additional medical records, asked for reconsideration of his claim and requested a copy of all documents pertinent to his claim, including Plan terms. When Transport Life denied reconsideration, Moore filed the instant action.

This court affirmed the district court’s holding that Moore’s claims were time barred. In this case, the plan itself contained a limitations period. Under the Plan, once Moore had been totally disabled for 180 days, he had ninety- (90) days to submit a proof of claim. Once that 90-day period ended, Moore had three (3) years to file suit.