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Tag Archives: ERISA Standard of Review

jvtucker2016

Lower Court Uses Wrong ERISA Standard – Appeals Court Reverses and Orders De Novo Review

Think of ERISA Standards of Review like colored lenses – which color the Judge has to use changes how the court must view the facts. When someone is denied benefits under an employer’s group insurance plan, a court that reviews that decision has to decide which standard of review it has to apply to the […]

ERISA in the South – How Federal Courts Review Group Insurance Claims in Alabama, Florida, & Georgia

ERISA – The Employee Retirement Income Security Act ERISA – The Employee Benefits Law If you live in Alabama, Florida, or Georgia and participate in an employer-sponsored group disability plan, group life insurance plan, or other group benefits plan, there is a unique method that courts use to review appeals of denied group plan benefits.  […]

California ERISA Claim: Another ERISA Administrator Loses on Discretion

Why is discretionary language important? Disability insurance companies that administer employer group disability ERISA plans will not give up fighting about discretionary language in California.  Why?  If they can keep the concept of discretion in ERISA claims, it makes it much easier for them to get away with denying benefits or cutting off disability claims.  […]

Federal Appeals Court Penalizes MetLife For Failure to Follow ERISA Claim Procedures

On April 12, 2016, the U.S. Second Circuit of Appeals issued a decision which significantly impacts how group insurance cases are assessed by courts.  In Halo v. Yale Health, the court considered a situation where a health plan administrator failed to include all of the required information in its denial letter.  The Department of Labor […]

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