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Becknell v. Severance

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ERISA: Plans Waive Defenses If Not Asserted In Administrative Process

By Mike Reilly on April 27, 2014
Posted in ERISA

Does the claim administrator waive the timeliness defense if it failed to deny the claim on that basis during administrative review? YES!

Here is a nice case that summarizes the point, and the status of waiver in the circuits. Becknell v. Severance Pay Plan of Johnson and Johnson, 2014 WL 1577723 (D. N.J. April…

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