Mark DeBofsky was recently invited by the National Academy of Legal Education to record a video on pre-litigation appeals of benefit denials in ERISA cases which are generally considered mandatory. Claim appeals are also often the key to success or failure in litigation, yet they are often given insufficient attention both by claimants and plan administrators. The course examines the origin and purpose behind claim appeals, the “rules of the road” (i.e., the Department of Labor’s regulations), and cases that have shaped how claim appeals are conducted. The program may be accessed via the following link: https://www.nacle.com/CLE/Courses/ERISA-Claim-Appeals-1495.

Related Articles

The Importance of Judicial Standards of Review in ERISA Litigation

The Importance of Judicial Standards of Review in ERISA Litigation

Congress enacted the Employee Retirement Income Security Act (ERISA) law to protect . . . participants in employee benefit plans and their beneficiaries, by requiring the disclosure and reporting to participants and beneficiaries of financial and other information with respect thereto, by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by providing for appropriate remedies, sanctions, and ready access to the Federal Courts. […]

ERISA-Governed vs. Non-ERISA Group Benefits: Key Differences and Why They Matter

ERISA-Governed vs. Non-ERISA Group Benefits: Key Differences and Why They Matter

The Employee Retirement Income Security Act (ERISA) affects millions of Americans with employer-sponsored benefits, but most don’t know until a claim is denied. ERISA is an acronym for the Employee Retirement Income Security Act, a law passed by Congress in 1974. The primary intent behind ERISA was to protect employees’ retirement benefits. [..]

ERISA Venue Provisions: Where Can You File Your Benefits Lawsuit?

ERISA Venue Provisions: Where Can You File Your Benefits Lawsuit?

The Employee Retirement Income Security Act of 1974 (ERISA) governs private sector employee benefits plans, including retirement, disability, and health plans. One of the key aspects of ERISA litigation is the question of venue — where participants or beneficiaries file their lawsuits when they believe their plan rights are violated. […]