Plan Disclosures

:: District Court Rejects “Substantial Compliance” Argument As Justification For Failure To Exhaust Administrative Remedies

Defendants filed a Motion for Summary Judgment asking that Plaintiff’s Count I be dismissed for failure to exhaust administrative remedies. Plaintiff asserts that she substantially complied with the appeal process by telling Prudential over the phone that she wanted to appeal Prudential’s decision. In the alternative, Plaintiff alleges that Defendants did not provide her a …

:: District Court Rejects “Substantial Compliance” Argument As Justification For Failure To Exhaust Administrative Remedies Read More »

Stricter Review of Benefits Denial Where Plan Terms Inadequately Disclosed

[P]lan administrators must create written plan documents and offer members an opportunity to examine those documents to “determine exactly what [their] rights and obligations are under the plan.” Id. (quoting H.R. Rep. No. 93-1280, at 297 (1974), reprinted in U.S.C.C.A.N. 4639, 5077, 5078). Given the members’ right to examine the documents, the plan administrator must …

Stricter Review of Benefits Denial Where Plan Terms Inadequately Disclosed Read More »