Risk of Addiction Relapse May Entitle Plan Participants to Disability Benefits
The First Circuit recently split from the Fourth Circuit in concluding that, absent clear plan language to the contrary, the risk of relapsing into addiction can constitute a current disability under a...
View ArticleSupreme Court Affirms Enforceability of Plan Limitations Provision
Resolving a split among the Courts of Appeal, the United States Supreme Court affirmed the Second Circuit in finding enforceable a limitations provision in a long term disability ERISA plan that set...
View ArticleNo New Statute of Limitations Each Time An Alleged Miscalculated Disability...
The First Circuit recently held, in line with other circuits, that the statute of limitations for a claim of underpayment of long-term disability benefits does not accrue with each monthly benefit...
View ArticleA Court’s Review of a Disability Benefit Claim May Hinge on the Meaning...
Twenty-five years ago, the U.S. Supreme Court ruled that courts should review an ERISA participant’s claim for benefits under a de novo standard of review unless the plan gives the plan fiduciary...
View ArticleDOL Proposes to Bring ERISA Disability Denials in Line with the Affordable...
On November 18, 2015, the Department of Labor (the “Department”) published a notice of Proposed Rulemaking at 80 Fed. Reg. 222 (the “Proposed Rule”) to amend ERISA’s claims procedures (29 C.F.R....
View ArticleDisability Claims Procedures Should be Updated for New Regulations
As open enrollment approaches for many benefit plans, employers and plans sponsors should check to make sure their claims procedures for disability claims are consistent with regulations that become...
View ArticleDepartment of Labor Proposes 90-Day Delay of New Disability Claims Procedures
On October 10, 2017, the Department of Labor (“DOL”) released proposed regulations that would delay for 90 days the effective date of the final disability claims procedures regulations finalized on...
View ArticleDistrict Court Applies Texas Ban on Discretionary Clauses in Insurance Contracts
A federal district court in Louisiana upheld a Texas state law prohibiting insurers from granting themselves discretion to interpret benefit plans when deciding benefit claims. These so-called...
View ArticleDepartment of Labor Finalizes 90 Day Delay on New Disability Claims Procedures
On November 24, 2017, the Department of Labor (“DOL”) released regulations finalizing a 90-day delay on the application of new claims procedures for disability claims. The Obama-era regulations...
View ArticleSupreme Court Affirms Enforceability of Plan Limitations Provision
Resolving a split among the Courts of Appeal, the United States Supreme Court affirmed the Second Circuit in finding enforceable a limitations provision in a long term disability ERISA plan that set...
View ArticleNo New Statute of Limitations Each Time An Alleged Miscalculated Disability...
The First Circuit recently held, in line with other circuits, that the statute of limitations for a claim of underpayment of long-term disability benefits does not accrue with each monthly benefit...
View ArticleA Court’s Review of a Disability Benefit Claim May Hinge on the Meaning...
Twenty-five years ago, the U.S. Supreme Court ruled that courts should review an ERISA participant’s claim for benefits under a de novo standard of review unless the plan gives the plan fiduciary...
View ArticleDOL Proposes to Bring ERISA Disability Denials in Line with the Affordable...
On November 18, 2015, the Department of Labor (the “Department”) published a notice of Proposed Rulemaking at 80 Fed. Reg. 222 (the “Proposed Rule”) to amend ERISA’s claims procedures (29 C.F.R....
View ArticleDisability Claims Procedures Should be Updated for New Regulations
As open enrollment approaches for many benefit plans, employers and plans sponsors should check to make sure their claims procedures for disability claims are consistent with regulations that become...
View ArticleDepartment of Labor Proposes 90-Day Delay of New Disability Claims Procedures
On October 10, 2017, the Department of Labor (“DOL”) released proposed regulations that would delay for 90 days the effective date of the final disability claims procedures regulations finalized on...
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