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ERISA - 9th Circuit: Self-Funded ERISA Plans, and Employee-Paid Supplemental Benefits: Can the Abuse of Discretion Standard Apply, Even When State Law Bans It?

USA - September 17 2021 You already know that many state laws ban the “abuse of discretion” standard of review in denials of ERISA-governed long term disability benefits…

ERISA (9th Circuit) — What is a Sedentary Occupation, Anyway? How a Job Analysis Can Win Disability Claim Denials.

USA - January 26 2021 You know the Ninth Circuit has taken the position that an “employee who cannot sit for more than four hours in an eight hour workday cannot perform…

ERISA: 6th Circuit — Ways to Defend Disgorgement and Breach of Fiduciary Duty Claims Under Section 1132(a)(3)

USA - December 2 2020 You know that typically claimants seeking ERISA-governed benefits make claims for recovery under Section 1132(a)(1)(B). Now you are likely seeing…

ERISA: When Do Courts Deny Claimants’ Attorney Fee Motions in Cases Remanded to the Claims Administrator?

USA - September 4 2020 You already know that an ERISA plan recipient may recover attorney fees when prevailing in an action to enforce rights under the plan…

8th Circuit-Procedural Irregularities- Does “Decisional Delay” Automatically Trigger Application of De Novo Review Instead of Discretionary Review? Not So Fast

USA - September 4 2020 You already know that denials of ERISA-governed disability benefits are reviewed under a de novo standard unless the benefit plan gives the…