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Boom: The ERISA Law Blog Blog

Articles: 1-10 of 127

ERISA: 7th Circuit — Can A Claims Administrator’s Errors, Made During The Initial Claim Denial, Be “Cured” During the Administrative Appeal?

USA - June 9 2022 Can the ERISA claims administrator “cure” inadequacies, made during its initial claim denial, during the appeal process? Yes. Did a claims…

ERISA (5th Circuit)-When the District Court Must Remand the Claim Back to the Administrator

USA - March 23 2022 Sometimes an ERISA-governed disability benefit claim is denied on a specific issue that precludes the need for a full development of the record on…

ERISA (8th Circuit)-Now You Know Why You Should Bring Rule 52 Motions Instead of Rule 56 Summary Judgment Motions

USA - December 11 2021 What is the most efficient way to invite the district court to resolve ERISA-benefit claims? What’s the difference between using Rule 56 motions for…

ERISA (5th Circuit): Plan Administrators Do Not Waive Exclusions That Develop As A Result Of Court Decisions Affecting The Disability Claim

USA - November 8 2021 What happens when an ERISA-governed disability claim is denied solely under the “own occupation” provision, but a reviewing district court concludes…

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 6th Circuit: Using the “National Economy Standard” to Defeat Disability Claims

USA - July 21 2021 What happens when the claimant is “disabled” from performing her job with her current employer… but can perform that same job with another employer…

ERISA 502(a)(3) Claims: Congress Never Thought the Phrase “Equitable Relief” Included Money Damages

USA - May 19 2021 You know that a claimant must exhaust administrative remedies before filing a suit. But is an appeal “optional” when the denial letter says that…

ERISA - 11th Circuit: Awarding Attorney Fees to the Plan When Plaintiff Refuses to Drop Suit After Reinstatement of Benefits

USA - April 26 2021 What happens when the ERISA claimant files suit after the disability claim has been denied, and then the ERISA claims administrator reinstates…

ERISA: Defeating Credibility Challenges of Medical Reviewers

USA - March 17 2021 You know that claims administrators retain experts to review a Claimant’s medical and mental health condition to assess whether a claimant is…

ERISA: Arguments to Defeat Breach of Fiduciary Duty Benefit Claims?

USA - February 16 2021 You know that claimants seeking ERISA-governed benefits sometimes assert “breach of fiduciary” duty claims under ERISA Section 502(a)(3)(b). This…