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
- 6th Circuit: Plan Administrators are NOT Necessarily Required to Obtain Vocational Evidence or an IME Before Making their LTD Determinations
- Government Plans are Exempt from ERISA… But What is the Definition of “Government”?
- Converted Individual Disability Policies Governed by ERISA?
- U.S. Supreme Court: Equity Cannot Trump ERISA Plan Terms in ERISA Reimbursement Case
- Americans Score More Easily Seeking Social Security Disability— Reasons Why Social Security Findings Could Be Rejected by ERISA Claims Administrator
- “Full and Fair Review” — Okay to Disclose Medical Opinions on Appeal After Appeal Denial
- “Appropriate Care Clause” Imposes Duty on Claimant to Seek and Accept Medical Care/Treatment Aimed at Returning Claimant to Work
- Number of Employees on Disability Has Doubled in 20 Years
- Claims Administrator Does Not Have to Pay Statutory Penalties for Failing to Provide Requested Documents
- Subrogation Claims are “Equitable Relief” Governed by ERISA
- ERISA can apply to Individual Policies: Offering a group discount constitutes a “contribution” sufficient to create an ERISA plan
- ERISA: Releases Should Explicitly Release ERISA Claims and ERISA Plan
- 8th Circuit – Expressing Intent to Appeal in the Future Does Not Constitute an “Appeal.”
- ERISA: 8th Circuit–Claimant’s Contradictory Statements to SSA Can Be Used To Deny ERISA Disability Claim Involving Commissions/Bonus
- ERISA: Plan Language Controls Even When an Adhesion Contract and Plan Language is “Not What a Reasonable Employee Would Expect.”
- Tomorrow U.S. Supreme Court Hears Whether Equitable Defenses Can Preclude ERISA Plan Subrogation Rights
- Plan Administrator “Consultation” with Plan Does Not Create Structural Conflict of Interest
- Do You Have To Consider A Social Security Administration Disability Decision AFTER Appeal Denial?
- 9th Circuit – In-House Counsel Internal Communications Before Final Appeal Not Privileged
- Failure to Exhaust Defense Trumps Missing Administrative Record
- Effective Delegation of ERISA Plan Administrator Duties and Standard of Review
- Long Term Disability — Claims Manuals Entitled to Protective Order
- When Are Short Term Disability Claims NOT Governed by ERISA — This Case Explains When State Law Claims Are Not Preempted
- 8th Circuit — Defining the “Regular Occupation,” and the Language Needed to Confer Discretion
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