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Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - September 2024

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This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - May 2024

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This month’s Friday Five explores decisions from around the country discussing differences between LTD and LWOP policies, the breadth of discretion available to claims administrators and the always important topic of timely...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - April 2024

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This month’s Friday Five covers the treatment of job-related stress in assessing an attorney’s disability, the requirements surrounding the qualifications of a medical professional to review a claimant’s medical records in...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - December 2023

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This month’s Friday Five explores a decision ordering an IME prior to a ruling on summary judgment motions, the extent claims reporting records can be sealed, the scope of ERISA preemption in the context of removal, and two...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - December 2022

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This month’s Friday Five explores recent decisions that illustrate the importance of the administrative record built by a claims administrator, and the impact that the depth and thoroughness of the record will have on...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - October 2022

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This month’s Friday Five covers cases relating to the interpretation of time periods for claims under life insurance and disability plans, a situation where three separate administrators handled a disability benefits claim...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - September 2021

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This month’s Friday Five covers cases relating to: (1) whether a state statute prohibiting discretionary authority in disability benefit plans applies to non-state residents; (2) how a court may weigh multiple denials and...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor – June 2021: Insurer's Likelihood to Deny Claim Does Not Excuse Claimant's Obligation to Exhaust...

In Ruderman v. Liberty Mut. Grp., Inc., 2021 U.S. Dist. LEXIS 40516 (N.D.N.Y. Mar. 4, 2021), a New York district court held that just because an insurer might have been likely to deny a claim does not excuse a claimant's...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor - March 2021

As we look ahead to 2021, we start our second edition of Hinshaw's LHD/ERISA Advisor by reporting on key cases that closed out 2020. Through The Advisor, our team of attorneys nationwide strive to report on legal developments...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - September 2020

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This month’s Friday Five discusses cases that address the admissibility of an expert opinion, the calculation of pre-disability earnings, the definition of disability earnings, circumstances where a court will transfer venue...more

Seyfarth Shaw LLP

The 10th Circuit’s New Interpretation of What is Mandated under ERISA’s Notice Requirements May have Far Reaching Effects On Plan...

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Seyfarth Synopsis: A recent 10th Circuit decision holding that in order for the abuse of discretion standard to apply in litigation the claims administrator must provide participants with actual notice of discretionary...more

Rivkin Radler LLP

Employee Benefit Plan Review – From the Courts

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The U.S. Supreme Court, in a unanimous decision, has ruled that a plaintiff in a lawsuit alleging a fiduciary breach under the Employee Retirement Income Security Act of 1974 (“ERISA”) did not have “actual knowledge” of the...more

Rivkin Radler LLP

Employee Benefit Plan Review – From the Courts

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Ninth Circuit Affirms Decision Rejecting Suit Seeking Early Retirement Benefits - The U.S. Court of Appeals for the Ninth Circuit has affirmed a district court’s decision rejecting a plaintiff’s lawsuit seeking to overturn...more

Jackson Lewis P.C.

A Deadline Is A Bright Line: How Fessenden Narrows “Substantial Compliance” In The Seventh Circuit

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Last week the U.S. Court of Appeals for the Seventh Circuit ruled that the deadline imposed under ERISA for plan administrators to decide on benefit claims is a “bright line” rule. The court held that when a plan...more

Bass, Berry & Sims PLC

Qualified Retirement Plans: Recent Updates and Action Items

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As the end of the calendar year approaches, sponsors of qualified retirement plans should consider whether their plan documents require updates to comply with important legal changes and deadlines. Below is a summary of some...more

Verrill

New Disability Claims Procedures Affect Retirement Plans and Deferred Compensation Plans Too

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Much has been written about the Department of Labor’s final rule regarding disability benefit claims procedures (the “Final Rule”), which took effect on April 2, 2018. And by now, most employers – and all disability insurance...more

Jackson Lewis P.C.

Changes To ERISA’s Disability Claims Regulations Coming April 1

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New handling regulations for ERISA disability claims will go into effect on April 1, 2018, the Department of Labor (DOL) has announced. The agency confirmed that the regulations are final, without changes. The regulations...more

Snell & Wilmer

New Disability Claims Regulations Take Effect for All Plans April 1, 2018

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As noted in our previous blog post, The New Disability Claims Regulations: They Don’t Only Apply to Disability Plans, the Department of Labor (“DOL”) issued regulations that revise the ERISA claims procedure regulations for...more

Mintz - Employment Viewpoints

No More Delays! New Disability Claims Rules to Take Effect April 2, Says DOL

On April 2, 2018, significant changes to ERISA’s disability claims procedures will take effect. These new rules will require all ERISA-covered plans which provide disability benefits to make significant modifications to the...more

Seyfarth Shaw LLP

DOL’s New Disability Plan Claims Regulations To Become Effective

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The Department of Labor’s new regulations governing disability claims and appeals published on December 19, 2016 will go into effect on April 1, 2018, as announced by the DOL on January 5, 2018. ...more

Snell & Wilmer

The New Disability Claims Regulations: They Don’t Only Apply to Disability Plans

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The Department of Labor (“DOL”) issued regulations that revise the ERISA claims procedure regulations for employee benefit plans that provide disability benefits (the “New Disability Claims Regulations” or “New Regulations”)....more

Proskauer - Employee Benefits & Executive...

Disability Claims Procedures Should be Updated for New Regulations

As open enrollment approaches for many benefit plans, employers and plans sponsors should check to make sure their claims procedures for disability claims are consistent with regulations that become effective for plan years...more

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