Employees participating in ERISA covered benefit plans have the right to dispute the interpretation of a plan provision or an adverse benefits decision made by a plan fiduciary, which can include the plan administrator. If not resolved on appeal at the plan level, these disputes often result in a lawsuit against the fiduciary. Courts may or may not defer to the fiduciary’s determination.

How does a plan ensure that its fiduciary’s benefit interpretations and determinations will be given deferential (more favorable) review by the Court?

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