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.[…]
The ERISA statute and regulations include guidelines for timing of certain acts that employers need to perform, as well as deadlines for employees. […]
Although the Employee Retirement Income Security Act grants benefit claimants the right to bring a civil action to challenge benefit denials […]
If you file a disability claim, you will need to provide your insurer with sufficient proof of loss before any benefits are payable. Therefore, it is critical to understand what exactly proof of loss in a disability insurance claim to be sure that you get the disability benefits to which you are entitled. […]
One of the unique aspects of litigation under the Employee Retirement Income Security Act is that most courts limit the scope of their review to the claim record compiled during the course of the claim and prelitigation appeals and will not address new evidence that was not previously considered. […]
A recent Law360 guest article argued that discretionary clauses in employee benefit plans governed by the Employee Retirement Income Security Act serve a valuable function, and that if efforts to prohibit their inclusion are successful, the statute would be undermined […]