9th Circ. Should Rethink Inadequate UBH Ruling
On Jan. 26, the U.S. Court of Appeals for the Ninth Circuit withdrew its prior memorandum disposition in Wit v. United Behavioral Health and replaced it with an entirely new opinion. […]
‘Full and Fair Review’ Required Insurer to Share Adverse Report With Claimant
The ERISA statute, at 29 U.S.C. Sec. 1133, guarantees benefit claimants the right to a “full and fair review” of denied claims. To flesh out the meaning of what constitutes a full and fair review, the U.S. Department of Labor has issued a detailed set of regulations in 29 C.F.R. Sec. 2560.503-1 setting forth minimum standards plan administrators must meet. […]
All the Ways in Which a Disability Claim Appeal Can Go Wrong
You worked hard on your long term disability appeal. Hopefully, you followed our LTD claim appeal best practices when preparing your appeal. Maybe you followed our advice and hired an attorney to prepare the appeal for you. Now, the appeal is in the insurer’s hands. Despite your preparation, it is still possible for the appeal to go awry after it is submitted to the disability insurer. […]
4th Circ. Disability Ruling Shows ERISA Procedure Flaw
Although the Federal Rules of Civil Procedure are to be applied uniformly in all civil actions,[1] which would encompass Employee Retirement Income Security Act benefit claims,[2] civil procedure in ERISA litigation often deviates from the norm.[…]
How Has COVID-19 Affected Deadlines Relating to Employee Benefits?
The ERISA statute and regulations include guidelines for timing of certain acts that employers need to perform, as well as deadlines for employees. […]
Benefits Ruling Shows Need For Revised ERISA Procedure
Although the Employee Retirement Income Security Act grants benefit claimants the right to bring a civil action to challenge benefit denials […]