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Missing an Appeal Decision Deadline Can Change Policy Terms
Lane Powell PC Link to more items from this source
Dec. 6, 2017
"Employers have the right to amend long term disability plans at any time, and to apply the amended version even to employees receiving benefits under the original plan. But which policy applies during a lawsuit? The policy in effect when the ERISA cause of action accrued. And 'accrual' can occur when the claims administrator fails to render an appeal decision by the deadline prescribed in the ERISA regulations." [Vaccaro v. Liberty Life Assurance Company of Boston, No. 16-3220 (N.D. Cal. Nov. 20, 2017)]

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