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Two Different Understandings of What Discretionary Review Means
Stephen Rosenberg, The Wagner Law Group Link to more items from this source
Mar. 11, 2010

"I have written before on this blog, on numerous occasions, about courts sometimes engaging in a more searching level of discretionary review that, in essence, is not discretionary review at all, at least in the manner it has long been traditionally understood. The common belief, and applied in that way by many and probably most courts over the years, is that discretionary -- sometimes called arbitrary and capricious -- review means that an administrator's decision in a long term disability case[.]"

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