ERISA regulations require that the benefit denial letter contain “a statement of the claimant’s right to bring a civil action….” 29 C.F.R. Section 2560.503-1(g(1)(iv). What does this mean? Does this mean you have to include specific language detailing the time limitations for bringing a legal action? Depends on your venue. Here’s a great new case… Continue Reading
Monthly Archives: February 2012
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Lane Powell offers a sophisticated practice in ERISA-related matters, from the formation and administration of ERISA plans, to the litigation of ERISA-related claims. Lane Powell has represented both employees and employers in various ERISA litigation situations.
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Recent Updates
- 9th Circuit: Equitable Remedies Post-Amara — Mere Violations of Law Do Not Establish “Harm” Justifying Equitable Remedies
- What Constitutes an Appeal? Not a Mere Request for Records.
- Great New Case Granting Protective Orders Regarding Discovery of Claims Manuals, Internal Policies and Procedures
- Discounted Premiums May Render Individual Policies Governed by ERISA
- Must a Disability Benefit Denial Letter Inform Claimant of the Time Period to File Legal Action? Not in This Case….
- A Plan’s Choice of Law Provision Might Not Trump State Insurance Regulations Banning Discretionary Language
- Ninth Circuit: What Happens When the Plaintiff is not a Plan “Participant”? Move to Dismiss for Lack of Subject Matter Jurisdiction? Think Again.
- ERISA–How much weight can the Plan give to surveillance video? How the Plan can lose discretionary review by failing to properly designate claims administrators
- 3rd Cir. Plan Seeking Reimbursement of Medical Expenses–Beneficiary May Assert Equitable Defenses to Reduce Recovery
- ERISA: State Law Claims Against Independent Medical Reviewers …. Preempted
- Can an ERISA Plan Offset Veterans Disability Benefits? Maybe Yes, Maybe No.
- ERISA: Murder for Profit and Life Benefits–State Slayer Statutes NOT Preempted by ERISA
- ERISA: “Most Convenient” Venues for ERISA claims
- When is an ERISA claim timely? New Case Explains
- ERISA: Third Circuit – Third Party Administrator of Self-Funded Plans Gets Discretionary Review
- Ninth Circuit – Third Party Insurers Can Be Sued–Everhart Case Overruled
- ERISA: Third Circuit – “Satisfactory to us” Language Does NOT Confer Discretion–(Other Circuits on This Topic Summarized Too)
- ERISA: Belatedly paying a claim during the lawsuit and mootness
- ERISA: Construction of Plan Terms: When do you abuse discretion in construing disputed plan terms?
- 9th Circuit–No personal exam by doctor= abuse of discretion?
- ERISA: Plan’s Counterclaim for SSDI reimbursement approved
- ERISA: Big New 3rd Circuit Case – Can Psychotic Commercial Airline Pilots Fly?
- Inconsistent administrative record may result in discovery outside administrative record
- ERISA: 9th Circuit – Does paralysis satisfy ‘dismemberment’ requirement?