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| DOL's New Disability Claim Rules Add to a Plan Administrator's Duties Under Welfare and Retirement Benefit Plans McDermott Will & Emery  [Guidance Overview] Dec. 1, 2015 "These new proposed disability claim rules attempt to preserve all defenses available to benefit plans prior to ERISA benefit litigation.... These proposed rules would apply to any disability-based ERISA benefit claim, whether the claim arises under a welfare plan (e.g., a long-term or short-term disability plan) or a retirement plan (e.g., a disability retirement benefit under a pension plan).... The rules would require that plans not make hiring, compensation, promotion or termination decisions based upon a claim adjudicator candidate's propensity for denying disability benefits. Plans would also need to review a medical expert's professional qualifications rather than his/her reputation for outcomes in contested cases." |
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