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GARCIA RAMOS v. 1199 HEALTH CARE EMPLOYEES PENSION

Docket No. 04-3720-CV.

413 F.3d 234 (2005)

Milma GARCIA RAMOS, Plaintiff-Appellant, v. 1199 HEALTH CARE EMPLOYEES PENSION FUND and the Trustees of the 1199 Health Care Employees Pension Fund, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 23, 2005.

Attorney(s) appearing for the Case

Gary Steven Stone, Legal Services for the Elderly, New York, NY, for Plaintiff-Appellant.

Jeffrey G. Stein, General Counsel, 1199 Health Care Employees Pension Fund, New York, NY, for Defendants-Appellees.

Before: McLAUGHLIN, STRAUB, and HALL, Circuit Judges.

STRAUB, Circuit Judge.

This appeal presents the issue of whether an ERISA plan beneficiary is entitled to an evidentiary hearing under Chapman v. ChoiceCare Long Island Term Disability Plan, 288 F.3d 506 (2d Cir.2002), concerning whether equitable tolling allows her to receive an increased amount of retroactive benefits. Even assuming without deciding that equitable tolling applies to time limits that are specified in ERISA...

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