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The Conundrum of ERISA Remands & Reinstatements
Health Plan Law
[Guidance Overview] Sept. 23, 2008
Excerpt: Pannebecker provides helpful analysis on the point of what should follow should the circumstances of a benefit denial necessitate 'remand' to the plan administrator. In Pannebecker, the Ninth Circuit agreed with the district court that the plan administrator was justified in denying disability benefits on the view that the claimant could perform sedentary job duties. In other words, the plan administrator 'won'.
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