We all know that ERISA disability claim decisions can hinge on the definition of the claimant’s “regular occupation” or “own occupation.” But how do you define a claimant’s “regular occupation”? Must you use the claimant’s actual duties, or can you rely upon the Department of Labor’s generic definitions contained in the Dictionary of Occupational Titles? … Continue Reading
Monthly Archives: May 2012
9th Circuit: Equitable Remedies Post-Amara — Mere Violations of Law Do Not Establish “Harm” Justifying Equitable Remedies
Posted in ERISAWhat equitable remedies are available to plan participants? As you probably know, CIGNA v. Amara, 131 S.Ct. 1866, 1878-80 (2011) contains dicta that can be viewed as expanding the range of “equitable relief” available to ERISA plan participants under Section 502(a)(3). This relief may include estoppel, reformation and surcharge. But what proof is needed for… Continue Reading
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