Follow

Boom: The ERISA Law Blog Blog

Articles: 1-10 of 120

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…

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…

An ERISA Plan Administrator’s Playbook in Assessing Disability from “Chronic Fatigue Syndrome”

USA - December 17 2020 Some of the more challenging disability claims involve impairment resulting from Chronic Fatigue Syndrome. There are no tests for Chronic Fatigue…

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: Three Key Tips on Making Sure the ERISA Plan Properly Designates Fiduciary Duties to Claims Administrators

USA - October 14 2020 You already know that ERISA plans frequently delegate discretionary authority to an administrator or fiduciary to make benefit decisions. When…

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: 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…

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…