Articles

Employee Benefits

Full and Fair Review of Disability Claims One Year After DOL Amends the ERISA Disability Claim Regulations – One Court’s Opinion on Sharing Evidence

On December 19, 2016, the Secretary of Labor (DOL) announced amended final disability claims procedure regulations, effective April 1, 2018, for ERISA-covered plans. 29 C.F.R. § 2560.503-1. The DOL had set an original implementing date of January 1, 2018, but in December of 2017, DOL delayed the implementing date to April 1, 2018.

Employee Benefits

Cautionary Tales on Insurer Tails: Recent Opinions on Insurer Surveillance in ERISA LTD Claims

It is not uncommon for insurers to utilize more than just their insureds’ medical records and reports to verify a claimant’s eligibility for ERISA long-term disability (LTD) insurance benefits. An insurer may choose to retain a private investigator to perform surveillance of a claimant to obtain additional information regarding their restrictions and limitations, abilities and current activities.

Employee Benefits

Employee Benefit Lawyers Visit Nashville for Law Student Outreach Program at Belmont Law School

For the sixth year in a row, Employee Benefits Committee members took time to visit law students to hold a panel discussion on careers in employee benefits law in connection with an outreach effort the Committee has organized as part of its annual Midwinter Meeting. This year, the panel was hosted by the Belmont School of Law just hours after a visit from the Chief Justice of the United States, John Roberts.