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? …
What 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 …
