You probably already know that an ERISA Plan that fails to properly delegate administrative duties to another party may lose discretionary review. But does the delegation of authority have to be in writing? Maybe not, so long as the Plan allows for delegation. The recent case of Aschermann v. Aetna Insurance Company [PDF], __ F.3d__, 2012… Continue Reading
Tag Archives: delegating ERISA duties
About Us
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.
Know the Landscape™
Topics
Stay Connected
Subscribe by email
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
Archives
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- September 2010
- August 2010
- July 2010
- May 2010
Links
In The News
Lane Powell Blogs
Blogroll
- 401k Fiduciary News
- Beyond Healthcare Reform
- Boston ERISA & Insurance Litigation Blog
- Disability Law Blog
- E is for ERISA
- Employee Benefits Counsel
- Employee Benefits Law Report
- ERISA & Employee Benefits Litigation Blog
- ERISA Lawyer Blog
- ERISA Pundit
- ERISA Wonk
- Health Benefits Law Report
- Health Plan Law
- Life, Health and Disability Insurance Blog
- Life, Health and Disability Insurance Law Blog
- Passion for Subro
- Smart HR Manager
- Southeastern ERISA Watch