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Category: ERISA

Category: ERISA

Home Archive for category "ERISA"

:: Sixth Circuit Applies Trilogy Of Supreme Court ERISA Cases In Upholding State Law

Roy Harmon ERISA / Preemption March 9, 2021 March 9, 2021

Far from announcing a brave new line for ascertaining ERISA preemption, the post-1997 cases show only a willingness to place more emphasis on the presumption against preemption and on the underlying purposes of the ERISA …

Read more":: Sixth Circuit Applies Trilogy Of Supreme Court ERISA Cases In Upholding State Law"

:: The Conundrum Of ERISA Remands & Reinstatements

Roy Harmon 502(A)(1)(B) Claim for Benefits / ERISA March 9, 2021 March 9, 2021

As the Seventh Circuit has recognized, the ERISA claimant whose initial application for benefits has been wrongfully denied is entitled to a different remedy than the claimant whose benefits have been terminated. Hackett v. Xerox …

Read more":: The Conundrum Of ERISA Remands & Reinstatements"

:: Reinstatements Revisited

Roy Harmon ERISA March 9, 2021 March 9, 2021

Quote: Because the record does not suggest the Plan’s decision to terminate Tate’s long-term disability benefits was the result of an informed reasoning process, we conclude that the decision was arbitrary and capricious. But we …

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:: Paternalism In Retirement Savings

Roy Harmon ERISA March 9, 2021 March 9, 2021

the PPA and the DOL regulations channel 401(k) funds toward common stocks by effectively requiring that at least part of passive participants’ accounts be invested in such stocks. Surveying the wreckage of the Crash of …

Read more":: Paternalism In Retirement Savings"

:: How To Exclude “Independent Contractors” From Benefit Plans

Roy Harmon ERISA / Standing March 9, 2021 March 9, 2021

“The following individuals are ineligible to participate in the Plan: (3) those individuals who are not on the Company payroll (such as consultants and independent contractors), whether or not they are later determined to be …

Read more":: How To Exclude “Independent Contractors” From Benefit Plans"

:: Another Look At The Legality Of “Balance Billing” Practices

Roy Harmon ERISA / Provider Reimbursement March 9, 2021 March 9, 2021

The federal laws which Plaintiffs argue preempt the state lien law are provisions concerning what is referred to as “balance billing.” These provisions mandate that state programs which receive Medicaid funds must only distribute those …

Read more":: Another Look At The Legality Of “Balance Billing” Practices"

:: Class Action Complaint Sufficient To Meet Twombley Standards

Roy Harmon 502(A)(1)(B) Claim for Benefits / ERISA / LIMITATION OF ACTIONS / LITIGATION March 9, 2021 March 9, 2021

he complaint, however, clearly states what Anthem is alleged to have done: deny, as a matter of policy and in violation of ERISA, Plaintiff’s request for insurance benefits to cover RFA treatment, on the basis …

Read more":: Class Action Complaint Sufficient To Meet Twombley Standards"

:: State Regulators Set The Record Straight On The AIG Bailout

Roy Harmon ERISA March 9, 2021 March 9, 2021

Some insurance lobbyists hope to politicize and mislead policymakers by suggesting AIG’s problems are a result of State insurance supervision, and could have been averted by Federal oversight. On the contrary, conservative State regulation ensured …

Read more":: State Regulators Set The Record Straight On The AIG Bailout"

:: Second Circuit Vacates Judgment For Plan, Suggests Appointment Of Counsel

Roy Harmon ERISA March 9, 2021 March 9, 2021

Given that Douglas is currently pursuing her claims pro se, and given that our remand order requires consideration of a recent and complicated Supreme Court decision involving ERISA, it may be advisable for her to …

Read more":: Second Circuit Vacates Judgment For Plan, Suggests Appointment Of Counsel"

:: Internal Appeals Processes Require Strict Compliance By Claimants

Roy Harmon Claims Procedures / Claims Review / ERISA March 9, 2021 March 9, 2021

n support of its Motion for Summary Judgment, Unum argues that Smith cannot maintain a cause of action under ERISA because she failed to exhaust her administrative remedies. On this issue, the United States Court …

Read more":: Internal Appeals Processes Require Strict Compliance By Claimants"

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