Nova 401(k) Associates
Nicholas Pension Consultants
The Retirement Plan Company (TRPC)/an ABG firm
Atlantic Pension Services Inc
Creative Pension Consultants, Inc.
Compensation Strategies Group, Ltd.
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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 LLP
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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