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Employee Benefits › Administrative Appeals

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oregon Employment Department Adopts Regulations to Clarify Administration of Paid Leave Oregon Benefits

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On January 12, 2024, the Oregon Employment Department (OED) promulgated new regulations to clarify its procedures and criteria for implementing Paid Leave Oregon. As discussed further below, these regulations relate to...more

Jackson Lewis P.C.

Administrative Exhaustion Is Required Even When Not Mentioned In Plan

Jackson Lewis P.C. on

The Eastern District of Missouri recently examined whether administrative exhaustion is a prerequisite to an ERISA suit alleging a wrongful denial of employee benefits, where the benefit plan’s language did not include an...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor - October 2020: ERISA Plaintiff Has Statutory Standing to Bring Action to Recover Spousal Healthcare...

Hinshaw & Culbertson - The LHD/ERISA Advisor on

Plaintiff Doug Heckman participated in Nike's employee welfare benefit plan (the "Plan"), which was funded by UnitedHealthcare Insurance Co. ("UHC"), and included healthcare benefits. Mr. Heckman's wife was covered under the...more

Proskauer - Employee Benefits & Executive...

Best Practices in Administering Benefit Claims #8 – Facing Litigation of Benefit Claims

Proskauer - Employee Benefits & Executive... on

Up to now, our blog series has focused on best practices for implementing a plan’s claims and appeals procedure. We shift gears this week to see how following these best practices pays dividends if a participant’s (or...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - September 2018

Saul Ewing LLP on

This month’s Friday Five covers cases relating to fee shifting in favor of defendants, interpretation of AD&D policy provisions, a strict take on the language required to initiate an administrative appeal, and a reiteration...more

Proskauer - Employee Benefits & Executive...

Plan Participant Waived Remedy for Untimely Benefits Determination

Proskauer - Employee Benefits & Executive... on

The Seventh Circuit rejected a disability plan participant’s argument that an untimely decision denying his claim for long-term disability benefits warranted changing the standard of review from arbitrary and capricious to de...more

Mintz - Employment Viewpoints

No More Delays! New Disability Claims Rules to Take Effect April 2, Says DOL

Mintz - Employment Viewpoints on

On April 2, 2018, significant changes to ERISA’s disability claims procedures will take effect. These new rules will require all ERISA-covered plans which provide disability benefits to make significant modifications to the...more

Seyfarth Shaw LLP

DOL’s New Disability Plan Claims Regulations To Become Effective

Seyfarth Shaw LLP on

The Department of Labor’s new regulations governing disability claims and appeals published on December 19, 2016 will go into effect on April 1, 2018, as announced by the DOL on January 5, 2018. ...more

Fisher Phillips

Labor Department Boosts Disability Claimant Protections

Fisher Phillips on

The U.S. Department of Labor (USDOL) recently issued a final rule addressing disability benefit claims and appeals (see 81 FR 92316). The rule adds new procedural protections and safeguards meant to ensure disability...more

Williams Mullen

D.C. Circuit Rules That "Exhaustion of Administrative Remedies" Is Not Required For Violations of ERISA’S Statutory Guarantees:...

Williams Mullen on

The U. S. Court of Appeals for the District of Columbia Circuit has joined five other federal circuits to rule that pension plan participants need not exhaust a plan’s internal remedial procedures before they file suit in...more

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