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Boom: The ERISA Law Blog Blog

Articles: 11-20 of 127

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…

ERISA 3rd Circuit: Out-of-Network Health Care Provider’s Breach of Contract and Promissory Estoppel Claims NOT Preempted by ERISA

USA - July 27 2020 This issue comes up more frequently now with managed care organizations creating networks of doctors or preferred providers, and the issue that arises…

Disability Policies: “Counting the Days” to Application of the Contractual Limitations Provision

USA - July 14 2020 Here’s a short new case concluding the contractual limitations provision was “unambiguous,” and dismissing the claim as untimely. Kuber v. Prudential…

ERISA and the Pandemic: Quick Guidance on New, Temporary Changes to DOL Regulations Affecting Timing of Health/Disability Claims and Appeals

USA - May 8 2020 On May 4, 2020, The Department of Labor (DOL), the Department of the Treasury, and the Internal Revenue Service issued the final ruling…