An update on ERISA Life, Health, Disability matters from BOOM: The ERISA blog. https://www.boomerisablog.com/
We all know that ERISA disability claimants must exhaust administrative remedies before bringing a suit. Exhausting administrative remedies typically includes seeking an internal appeal.
But…what is required in the claimant’s letter to the Plan to constitute an “appeal”?
Here’s a…
A continuing discovery battle in ERISA cases involves the production of claims manuals, internal policies and procedures.
What can you do when a claimant seeks claims manuals, policies and procedures? Seek an agreed protective order.
What if the Plaintiff will not agree to a protective order? Move for a protective order to assure the documents…
What converts an individual policy to an ERISA Plan? Discounted premiums can render the policy a plan under ERISA.
What if the employee reimburses the employer for the premiums? This is an interest free loan and may be “sufficient employer contribution” to render the policy governed by ERISA.
There are a number of…
