Lane Powell PC - ERISA Law Blog

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Firm Profile: Lane Powell PC
1420 Fifth Avenue, Ste. 4200
P.O. Box 91302
Seattle, WA 98111-1302, United States
Phone: (206) 223-7000
Fax: (206) 223-7107
Areas of Practice
  • Administrative Law
  • Commercial Law & Contracts
  • Health
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Taxation
Locations
Other U.S. Locations
  • Alaska
  • Oregon
  • Washington
Other Countries
  • United Kingdom
Number of Attorneys
100+ Attorneys

ERISA: How Missing an Appeal Decision Deadline Can Change Policy Terms

It’s that time of year again… when you may see ERISA plans amending policies or plans— during the time employees are receiving benefits. Employers have the right to amend long term disability plans at any time, and to apply…more
 /  Labor & Employment Law

ERISA: Successfully Opposing Motions to Supplement the Record with Social Security Disability Determinations– the Advantage to De Novo Review

You already know that in ERISA life, health and disability claim determinations, “‘[i]n most cases…the district court should only look at the evidence that was before the plan administrator at the time of the determination.’” …more
 /  Administrative Law, Civil Procedure, Labor & Employment Law

BREAKING NEWS — ERISA: DOL Publishes TODAY Proposed Rule to Delay Implementation of New ERISA Claims Regulations?

You already know that since December 2016 the United States Department of Labor (DOL) has been reworking regulations governing disability plan administration…more
 /  Labor & Employment Law

ERISA: Can a Court Invalidate the Social Security Offset Provision Because Benefits Were “Wrongfully Denied”?

You know that most ERISA plans, and most supporting insurance policies, have provisions that allow for an offset of Social Security disability benefits. Can the court invalidate these offset provisions because of…more
 /  Civil Procedure, Insurance, Labor & Employment Law

ERISA: New Expectations for Vocational Assessments of “Any Occupation”

You already know that most ERISA plans require an assessment, say after 24 months, whether the claimant can perform “any occupation.” This review usually involves a Vocational Assessment examining what “other occupations” and…more
 /  Insurance, Labor & Employment Law

ERISA: Discovery of Claims Procedures to Assess Compliance with DOL Regulations? Not So Fast.

You know that failing to follow Department of Labor (DOL) claims regulations can result in the court using the de novo review standard, rather than the abuse of discretion standard in reviewing claim decisions…more
 /  Civil Procedure, Labor & Employment Law

ERISA: When Bad Surgery Results Create New Disabiling Conditions: Still Excluded by the Pre-Existing Condition Exclusion?

Pre-existing condition exclusions can be difficult to apply, especially when addressing whether a new disabling condition relates back to a pre-existing condition…more
 /  Health, Personal Injury

9th Circuit — ERISA: How “Wrap Documents” Can Satisfy ERISA Plan Requirements?

You already know that ERISA imposes on employers the duty to provide a written plan document, and a Summary Plan Description (SPD) which states key plan terms…more
 /  Commercial Law & Contracts, Labor & Employment Law

ERISA (7th Circuit): Are ERISA Plan Forum Selection Clauses Enforceable?

You already know that ERISA gives plan beneficiaries a choice on where to bring suit seeking ERISA benefits. Section 1132(e)(2) allows plan beneficiaries to bring suit “in the district where the plan is administered, where the…more
 /  Labor & Employment Law

Wage/Hour — Washington Supreme Court — Two Recent Tips Regarding Meal Break Liability

What happens in Washington when your employee fails to take a meal break? Is the employer “strictly liable” for a statutory wage/hour violation? NO…more
 /  Labor & Employment Law

ERISA: Winning Early Motions to Dismiss Breach of Fiduciary Claims — the Ministerial Defense

Plaintiffs in ERISA employee benefit cases are frequently asserting breach of fiduciary duty claims, and then seeking broader discovery. So, consider early motions to dismiss the breach of fiduciary duty claims…more
 /  Civil Procedure, Labor & Employment Law

ERISA: Whether the Ability to Work Only Part-Time Disqualifies Claimant from “Any Occupation” Benefits?

You know that in typical ERISA disability benefit claims, the claim administrator first determines whether claimant’s disability prevents the claimant from performing claimant’s current, “own occupation.”…more
 /  Labor & Employment Law

ERISA 2nd Cir.: Four Things to Know When Trying to Offset Personal Injury Lump Sum Settlements — It Can Be Off-Putting and Tricky

You already know that most ERISA plans allow the Plan to reduce or offset long term disability payments by amounts the disabled worker receives from workers compensation or Social Security…more
 /  Labor & Employment Law, Personal Injury

ERISA Plan Choice-of-Law Provisions: Dog Whisperer’s Disability Claim Reviewed Under Abuse of Discretion Standard of Review

An issue dogging claims administrators is: What effect do choice-of-law provisions have on the standard of review of ERISA benefit decisions?…more
 /  Civil Procedure, Labor & Employment Law

ERISA: New Questions for Church-Affiliated Organizations After The Supreme Court Expands ERISA Church-Plan Exemption

On June 5, 2017, the U.S. Supreme Court expanded the scope of ERISA’s church-plan exemption in the case of Advocate Health Care Network v. Stapleton, — S. Ct. –, 2017 WL 2407476 (2017). The unanimous decision adopted a broad…more
 /  Civil Procedure, Health, Labor & Employment Law
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