Loren D. Stark Company
Randall & Hurley, Inc.
EPIC Retirement Plan Services
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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
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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