News & Analysis as of

Disability Benefits

ERISA: What Must be in a Summary Plan Description for the “Average Plan Participant”?

You know that ERISA requires the Summary Plan Description to explain eligibility clearly enough so that an “average plan participant” can understand it. ...more

Amend Plans Now For New Disability Claims Procedure

by Burns & Levinson LLP on

New federal rules apply for processing disability claims made under employee benefit and executive deferred compensation plans after April 1, 2018. Employers sponsoring retirement plans, disability plans, or nonqualified...more

What Does Your Plan Say? Disability Claims Procedures Changing on April 1, 2018

Effective for any claims made on or after April 1, 2018, the decision to grant or deny benefits under an ERISA-covered plan will be governed by new rules. Since insured plans are subject to the claims procedures set forth...more

New ERISA Claims Procedures for Plans Providing Disability Benefits Effective April 1, 2018

by Holland & Knight LLP on

• Administrators of employee benefit plans governed by ERISA should make sure now that the claims procedures contained in their affected benefit plans comply with new regulations applicable to disability benefits. • The...more

Are Your Qualified and Nonqualified Employee Benefit Plans in Compliance With the New ERISA Disability Claims Regulations?

Effective for claims filed after April 1, 2018, employee benefit plans governed by the Employee Retirement Income Security Act (ERISA) must comply with the US Department of Labor's new disability claims regulations....more

Medicaid Recipients Can Keep More of an Award Thanks to Recent Budget Deal

If you are injured due to medical malpractice or because of another person's negligence, you could receive care through your state's Medicaid program. In such cases, the state has a legal right to recover funds from your...more

No More Delays for Revised Disability Claims Regulations

by Locke Lord LLP on

Effective April 1, 2018, the changes to the Department of Labor’s disability claims regulations will finally go into effect, providing participants with a more full and fair review of disability benefit claims that is more in...more

New Disability Claims Procedures May Apply to Qualified and Nonqualified Retirement Plans, Too

As mentioned in our recent blog, the date for complying with the new disability claims procedures (April 2, 2018) is rapidly approaching. In addition to making sure disability plans comply with the new rules, employers...more

DOL Says New Disability Claim Regulations to Apply April 1

The U.S. Department of Labor (DOL) recently announced that the revised Employee Retirement Income Security Act of 1974 (ERISA) disability benefit claim regulations will apply to claims filed on and after April 1, 2018. The...more

Thanks for Noticing: Disability Claims Procedure Regulations Change Notice Requirement Next Month, Impose Strict Compliance...

The DOL’s revised ERISA disability claims procedures regulations will be taking effect early next month, and plan sponsors should take a hard look at plan processes over the next few weeks to ensure compliance. ...more

April 1 Marks a Compliance Change: Are Your Plans' Disability Claims Ready?

by Pepper Hamilton LLP on

The Department of Labor (DOL) issued final regulations that add to the existing requirements for disability benefits claims. The regulations add procedural steps and participant rights that must be included in a plan’s...more

Action Needed by Certain ERISA Plans – New Disability Claims Procedures Apply Beginning April 2018

by Bass, Berry & Sims PLC on

In January 2018, the U.S. Department of Labor (DOL) announced that final regulations affecting how some ERISA plans process claims and appeals will apply beginning April 1, 2018. As explained below, the final regulations...more

Prepare for New Claims Procedures for Disability Benefit Plans

After several rounds of additional review and a three-month delay in the effective date, the final regulations originally issued by the U.S. Department of Labor (the “DOL”) in December 2016, which established new requirements...more

ERISA: The Denial Letter is Only as Good as the Analysis Contained in the IME Report

You already know that opinions by independent medical reviewers play a big role in the decision to grant or deny benefits. The reasons why the independent medical reviewer came to the conclusions made are as important as...more

Plan Participant Waived Remedy for Untimely Benefits Determination

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

PA and NJ Workers' Compensation Benefits for 2018

by White and Williams LLP on

Workers’ compensation benefits in PA and NJ are calculated using a statewide average weekly wage (SAWW) that is published by the Departments of Labor every year. The year of the worker’s injury will determine the year for the...more

Arizona Jury Awards Over $6 Million Against Insurer in Bad Faith Case

by Jaburg Wilk on

The Award - In McClure v. CC Services Inc. & Country Life Insurance Company dba Country Life Financial, an Arizona insurance bad faith case arising from a disability claim, a jury awarded $1.29 million in compensatory...more

New Claims Procedures for Disability Benefit Claims Come Into Force

by Latham & Watkins LLP on

Many ERISA-covered employee benefit plans will need to be amended effective April 2. Companies may need to update their Employee Retirement Income Security Act of 1974 (ERISA)-covered employee benefit plans to comply with...more

Is a Broken Arm a Disability?

In Connecticut, employees with disabilities are protected from discrimination by both the federal Americans with Disabilities Act (“ADA”) and by the Connecticut Fair Employment Practices Act (“CFEPA”). Some disabilities are...more

New Disability Claims Procedures for ERISA Plans Become Effective on April 1, 2018

After a three-month delay, the Department of Labor’s new regulations governing claims procedures for disability benefits under ERISA plans will become effective on April 1, 2018. The delay was implemented to provide an...more

April 1, 2018 is Fast Approaching – Are Your Disability Claims Procedures Ready?

by Foley & Lardner LLP on

The Department of Labor issued the final disability claims regulations on December 16, 2016. These regulations are effective for all claims filed on or after April 1, 2018. The Department felt the update was needed to...more

New DOL Rule on Disability Claims Procedures: Employer Action Required

The U.S. Department of Labor announced earlier this year that the effective date for employee benefit plans to comply with its new final rule on disability claims procedures is April 1, 2018. The rule applies to claims for...more

New DOL Regulations Require Changes to Plan Claims Procedures – Here's How to Comply

by Davis Wright Tremaine LLP on

The DOL issued final regulations that changed the handling of claims and appeals of disability determinations under benefit plans governed by ERISA. Here is what your benefits department needs to know and do: 1. Effective...more

No Further Delays for Enhanced Disability Claims Procedures: ERISA Plans Facing April 1, 2018 Compliance Date

by McCarter & English, LLP on

On December 19, 2016, the Department of Labor (“DOL”) issued final rules that significantly expand the existing claims procedures applicable to ERISA-covered benefit plans that provide disability or other benefits conditioned...more

No Joke: New Disability Regulations To Go Into Effect April 1, 2018

by Hellmuth & Johnson PLLC on

People who make a disability claim in the U.S. will have stronger protections when a new rule goes into effect April 1, 2018. Late last year, the Department of Labor released a final rule to strengthen the claims and appeals...more

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