Can the ERISA claims administrator “cure” inadequacies, made during its initial claim denial, during the appeal process? Yes.

Did a claims administrator’s recommendation, that a claimant receive a job-accommodation, constitute sufficient proof of disability?  No.

This new case highlights these issues: Canter v. AT&T Umbrella Benefit Plan No. 3, 33 F.

What is the most efficient way to invite the district court to resolve ERISA-benefit claims?

What’s the difference between using Rule 56 motions for summary judgment, versus a Rule 52 Motion for Judgment?

This new case highlights why Rule 52 motions may be the preferred motion to efficiently resolve ERISA benefit claims.  Avenoso v. Reliance

What happens when an ERISA-governed disability claim is denied solely under the “own occupation” provision, but a reviewing district court concludes the claimant is entitled to “own” occupation benefits?

Does an insurer “waive” an evaluation of the “any occupation” provision because the insurer denied the claim solely on the “own occupation” standard? NO.

Can the

You already know that many state laws ban the “abuse of discretion” standard of review in denials of ERISA-governed long term disability benefits.

But self-funded ERISA plans may still apply the discretionary standard of review.

And “incorporating by reference” the Summary Plan Description (SPD) is effective in making the SPD part of the ERISA plan.

We all are seeing more “breach of fiduciary duty claims” asserted in lawsuits seeking ERISA-governed benefits.  As you know, ERISA allows participants, beneficiaries, and the Secretary of Labor to obtain relief against ERISA fiduciaries for breaching the fiduciary duties they owe to the plan or its participants. ERISA fiduciaries can also be liable under §

You know that a claimant must exhaust administrative remedies before filing a suit. But is an appeal “optional” when the denial letter says that claimant “may request a second level review”? NO.

And what’s with 502(a)(3) breach of fiduciary claims anyway?  “‘[A] review of the [ERISA] legislative history confirms that Congress did