Disability plans (BenefitsLink.com)Headlines re Disability plans, gathered by BenefitsLink.comGuidance Overview Fourth Circuit Rejects Argument That Plan Implicitly Conferred Discretionary Authority- (Found June 24, 2008 ) Excerpt: "'Woods' presents a typical disability case set of facts, but the decision illuminates the all-important issue of what language suffices to vest discretion in the plan administrator. This language of grant has the consequence, of course, of stipulating the standard of review of claims denials should a federal district court be asked to review the claims denial. Of the eve of a decision in MetLife v. Glenn, this case serves as one of the most propitious points of departure one...http://healthplanlaw.com/?p=645 Guidance Overview Statute of Limitations for Contract Actions Applied to an ERISA Appeal of a Denial of Benefits- (Found June 24, 2008 ) Excerpt: "The District Court held that while Pettaway's claims accrued upon denial in August 2004, the limitations period was tolled until September, 2005 when the internal appeal process was concluded. Thus, the lawsuit was timely filed and the motion to dismiss was denied." (Melville Johnson, P.C.)http://www.melvillejohnsonblog.com/Benefits/Statute_of_Limitations.shtml Guidance Overview ERISA and Cartman and Respecting Authoritay- (Found June 24, 2008 ) Excerpt: "Our good friend Ross Runkel provides the goods on a new ERISA case from the 4th Circuit, Woods v. Prudential (4th Cir 06112008), which finds that conferral of 'authority' to a plan administrator (as opposed to the conferral of 'discretionary authority') is insufficient to merit application of an 'abuse of discretion' standard of review under ERISA . . . ." (Workplace Prof Blog)http://lawprofessors.typepad.com/laborprof_blog/2008/06/erisa-and-cartm.html Guidance Overview Plan's One-Year Time Limit for Filing Benefit Lawsuits Is Unenforceable Unless Disclosed in Denial Notice- (Found June 24, 2008 ) Excerpt: "The enforceability of plan-imposed time limits for filing suit has not been addressed in all jurisdictions, but many courts have enforced such limits, provided they are reasonable. The courts have been less clear about what kind of notice, if any, a plan must give, with some courts requiring notice before the limit will be enforced and others apparently excusing any notice requirement." (Employee Benefits Institute of America)http://www.ebia.com/weeklyguest/19416/2008070412985d07eb8027f61bc58e1aeb29b1ba/BNL080612 Supreme Court Sides with Employee in Benefits Case- (Found June 24, 2008 ) Excerpt: "The court ruled 6-3 Thursday in the case of an Ohio woman who sued MetLife Inc. over a disability claim. She contended insurance companies have a financial incentive to deny claims and that conflict of interest should weigh heavily in employees' favor when they challenge benefit claims in court." (AP via The New York Times; free registration required)http://www.nytimes.com/aponline/washington/AP-Scotus-Employee-Benefits.html?scp=2&sq=e... Opinion The Supreme Court's Ruling in MetLife v. Glenn- (Found June 24, 2008 ) Excerpt: "For the most part, the Court pretty much did exactly what I said it would after the oral argument: decide that structural conflicts must be taken into account in passing on an administrator's decision, even under a deferential standard of review, without making any sort of significant change to the general rubric for passing on an administrator's determination in such circumstances." (Stephen Rosenberg of The McCormack Firm, LLC)http://www.bostonerisalaw.com/archives/conflicts-of-interest-the-supreme-courts-ruling-in-... Guidance Overview Simulated Interview on the MetLife v. Glenn Holding- (Found June 24, 2008 ) Excerpt: "The interview on the target page is obviously fictional - interviews on HPL are by invitation only, and Justice Roberts is not on our list. Nonetheless, his answers are taken from his concurring opinion in MetLife v. Glenn and the interview may be of some aid in understanding his objections to the majority opinion." (Health Plan Law blog by Attorney Roy F. Harmon III)http://healthplanlaw.com/?p=651 |