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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…

ERISA: Plans That are Members of Trusts (with Many Employer/Member in Many States) May Have Better Chance Winning Choice of Law Issue-Abuse of Discretion Standard Applied

USA - July 30 2020 You know that many states ban discretionary language in ERISA plans. This issue tees up litigation over what state law will apply -the choice of law…