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Boom: The ERISA Law Blog Blog

Articles: 1-10 of 105

ERISA: When Social Security Disability Benefit Decisions Do NOT Have to Be Considered

USA - November 15 2019 What happens when the Social Security Administration issues a disability finding after the ERISA administrator has issued the decision denying…

ERISA (10th Circuit): ACCIDENTAL DEATH BENEFIT - Death by Speeding Vehicle Excluded Under “Crime” Exclusion

USA - October 7 2019 You know that the standard of review applied by courts will significantly impact how courts view an ERISA Plan administrator’s interpretation of an…

ERISA: When Can Plan Administrators Get Into Trouble by Deciding a Disability Claim Too Quickly?

USA - August 20 2019 ERISA plan administrators are constantly pressured by claimants to render decisions quickly…. This is especially true with short term disability…

ERISA: “I Only Missed It By That Much” — Why the “Substantial Compliance” Doctrine May NOT Excuse Late-Issued Benefit Decisions Anymore

USA - July 22 2019 You already know that ERISA regulations set specific timelines for the issuance of ERISA-governed long term disability decisions. See, e.g., 29 C.F.R…

ERISA (5th Circuit): COLD TRUTH - New Case Gives Critical Guidance on What You Should Know About the Term “Regular Occupation”

USA - June 5 2019 Each claim should be assessed from the perspective of duties of the job generally in the national economy and not how the job is “performed for a…

ERISA: Defeating Motions to Compel Discovery Related to Medical Review Experts

USA - May 15 2019 Disability claimants often attack the ERISA plan’s expert medical reviewer as biased, sometimes seeking discovery in an attempt to show bias. Here’s a…

ERISA (5th Circuit): When An Attorney’s Headaches Are Not Disabling

USA - April 29 2019 This new case explains the correct process in assessing “job duties” in the “Own Occupation” analysis…

ERISA — 8th Circuit: When Malingering Justifies Disability Claim Denial

USA - March 25 2019 When does evidence of malingering justify denial of a long term disability claim? It depends. A physician’s subjective opinion regarding malingering…

ERISA: 1st Circuit - Can a Claimant Save an Untimely Administrative Appeal by Arguing the “Substantial Compliance” Doctrine?

USA - February 28 2019 You already know that ERISA sets forth a 180-day time limit for internal administrative appeals of benefit denials. And failure to pursue a timely…

ERISA: Can a Claimant Seek a Declaration Regarding Future Benefits?

USA - February 20 2019 From time to time you may see ERISA benefit claimants seeking declarations from the Court regarding “future benefits.” But there is that old rule…