Disability plans (BenefitsLink.com)Headlines re Disability plans, gathered by BenefitsLink.comGuidance Overview Benefit Decisions by 'Conflicted' ERISA Plan Administrators U.S. Supreme Court to Decide the Standard of Judicial Review that Appli- (Found June 24, 2008 ) Excerpt: "The case before the Supreme Court raises issues with a very standard administrative set-up, in which the plan's insurer is also the entity which decides benefit claims. In this case, the employee was denied a continuation of disability benefits because the insurer determined she was no longer disabled. The employee contends that, because of its dual role, the insurer has an inherent conflict of interest . . . ." (Deloitte via BenefitsLink.com)http://benefitslink.com/articles/guests/washbull080421b.html Transcript for Oral Arguments in MetLife v. Glenn- (Found June 24, 2008 ) Excerpt: "You won't want to miss reading the transcript for oral arguments in the case of MetLife v. Glenn argued before the Supreme Court this morning. Access it at http:www.supremecourtus.govoral_argumentsargument_transcripts06-923.pdf." (Attorney B. Janell Grenier via Benefitsblog.com)http://www.benefitscounsel.com/archives/001821.html Opinion Glenn ERISA Case Oral Argument Transcript Analysis- (Found June 24, 2008 ) Excerpt: "The Supreme Court heard oral argument this morning in the ERISA enforcement case of Metlife v. Glenn. The case concerns the issue highlighted here before about structural conflicts of interest (dual-role insurers) in ERISA denial of benefits case under Section 502(a)(1)(B). Here are some thoughts and highlights based on my reading of the Glenn oral argument transcript . . . ." (Workplace Prof Blog)http://lawprofessors.typepad.com/laborprof_blog/2008/04/erisa-glenn-cas.html Guidance Overview Claimant Not Entitled to Appeal-Level Physician's Report Prior to Plan's Final Decision on Appeal- (Found June 24, 2008 ) Excerpt: "EBIA Comment: Both of the circuit courts that have addressed this issue to date (the Tenth and the Eleventh Circuits) have concluded that a claimant is not entitled to appeal-level medical reports prior to the plan decisionmaker's final decision on appeal." (Employee Benefits Institute of America)http://www.ebia.com/weeklyguest/19369/200805163612cc20b710800836d74ca172210bcd/BNL080424 ERISA Plan Not Subject to Labor Arbitration- (Found June 24, 2008 ) Excerpt: "Steelworkers v. Rohm, ___F.3d___(3rd Cir. April 14, 2008) is an important decision. The court holds that a dispute over an ERISA disablity plan is generally not subject to labor arbitration." (Adjunct Law Prof Blog)http://lawprofessors.typepad.com/adjunctprofs/2008/04/erisa-plan-not.html Supremes Seem Torn Over Disability Insurance Conflict-of-Interest Case- (Found June 24, 2008 ) Excerpt: "In an hour of intense arguments in which the U.S. Solicitor General joined with the claimant, the justices first wrestled with the question of the level of scrutiny lower courts should consider in cases where the insurance company plays a dual role." (The National Underwriter Company; free registration or paid subscription required)http://www.lifeandhealthinsurancenews.com/cms/nulh/Weekly%20Issues/issues/2008/16/News/L16... High Court Hears Benefits Conflict-of-Interest Case- (Found June 24, 2008 ) Excerpt: "The Supreme Court will decide whether a benefit plan administrator that both determines and pays benefits operates under a conflict of interest that must be considered by courts reviewing benefits cases." (Workforce Management; free registration required)http://www.workforce.com/section/00/article/25/49/92.html Baby Boomer Perceptions About Disability Income Protection - Summary of Findings- (Found June 24, 2008 ) Excerpt: "The majority of baby boomers (56 percent) say that it is extremely, very or fairly important to protect their household income should they or the primary wage earner in their home face a disabling accident or injury, and one in ten (11 percent) say that it is extremely important. However, one in five (19 percent) say that protecting their income with private disability insurance is not at all important." (Harris Interactive Inc. via America's Health Insurance Plans)http://www.ahip.org/content/fileviewer.aspx?docid=23362&linkid=201318 Guidance Overview Court Suspends Deadline for Filing Lawsuit While Participant Exhausted Plan's Administrative Appeals- (Found June 24, 2008 ) Excerpt: "As this case illustrates, whether or not the deadline for filing a claim is 'tolled' while a participant pursues a plan's administrative appeals procedures can make the difference between a claim going forward or being thrown out as untimely. Plans should anticipate the prolonged period during which a court claim could be filed as a result of tolling during an appeal -- keeping in mind, as this court pointed out, that some courts have refused to apply tolling principles to claims.http://www.ebia.com/weeklyguest/19397/200806136eefcc55cc8e940587a29de29b579bd5/BNL080522 Guidance Overview Miller & Chevalier's Focus on Employee Benefits, June 5, 2008 (PDF)- (Found June 24, 2008 ) 6 pages. The newsletter offers articles on: Health FSA and Mental Health Parity; Qualified Plan Queries: Differential Pay Now Compensation Under Code Section 415 and New Distribution Feature; Qualified Plan Queries: Military Survivor and Disability Benefits Under Tax-Qualified Plans; Exec Comp Corner: New Code Section 887A Impacting Withholding on Certain Expatriates' Deferred Compensation. (Miller & Chevalier Chartered)http://www.millerchevalier.com/files/Publication/ec2fa88e-481e-4233-9b68-064d852c96d1/Pres... |