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Third Circuit Clarifies Sufficiency of Discussions of Social Security Disability Insurance Awards in Adverse Disability Benefit Determinations Under Pre-2018 ERISA Claims Procedure Regulation
Robinson & Cole LLPLink to more items from this source
Jan. 22, 2021

"The sufficiency of fiduciary discussions of SSA awards in adverse benefit determinations will continue to be challenged in litigation, particularly with the DOL's 2018 [claims procedures regs]. While Addington's applicability to this (relatively) new regulation is yet to be tested, the decision clarifies that, with respect to claims filed prior to April 2018, a fiduciary's statement that its review 'included vocational and medical assessments that were not considered by the SSA' constitutes a sufficiently detailed explanation for which a fiduciary should not be penalized or prejudiced when litigating in the Third Circuit." [Addington v. Senior Vice President Human Resources Consol Energy, Inc., No. 19-2959 (3d Cir. Dec. 30, 2020)]

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