January 2013

What happens when an ERISA claimant submits contradictory statements to the Social Security Administration and the ERISA plan administrator? Can these contradictory statements be used to deny the ERISA claim?  YES.

What’s the difference between a “Commission” and a “Bonus” in calculating a claimant’s monthly benefit? The dissent in this new decision provides guidance……

Will courts enforce Plan language even when a 24 month limitation is “not what a reasonable employee would expect” to see in a disability plan?  YES.

Here’s an interesting, recent case showing the power of Plan language. The opinion also supports the effect of “choice of law” provisions in Plans.

Bland v. Metropolitan Life Insurance…