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Federal Courts in Tennessee: Claimants and Administrators Must See the Administrative Process All the Way Through
Michelle L. Roberts, via LinkedIn Jan. 29, 2018 "[Two recent] decisions reflect the courts' view of the importance of the ERISA 'administrative process' playing out to the very end, even if it results in a decision coming out beyond the statutory deadline. There's certainly appeal to the notion that the administrative process should be a flexible, open, information-sharing process not hampered by the rigidity of statutory deadlines or the fail-safe of substantial compliance.... Sometimes it makes sense to file suit immediately, other times it makes sense to allow the administrator to continue with the decision-making process. But I have different advice for Tennesseans: On Day 46, do not pass Go, do not collect $200, go straight to court." |
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