Featured Jobs
|
DWC - The 401(k) Experts
|
|
Frank Pension Consultants, Ltd.
|
|
DWC - The 401(k) Experts
|
|
Defined Contribution Account Manager Nova 401(k) Associates
|
|
MAP Retirement
|
|
PPS Pension Services
|
|
Relationship Manager - Defined Contributions Daybright Financial
|
Free Newsletters
“BenefitsLink continues to be the most valuable resource we have at the firm.”
-- An attorney subscriber
|
|
|
Fifth Circuit: Plan Administrators Do Not Waive Exclusions That Develop as a Result of Court Decisions Affecting the Disability Claim
Lane Powell PC 
Nov. 9, 2021 "What happens when an ERISA-governed disability claim is denied solely under the 'own occupation' provision, but a reviewing district court concludes the claimant is entitled to 'own' occupation benefits? Does an insurer 'waive' an evaluation of the 'any occupation' provision because the insurer denied the claim solely on the 'own occupation' standard? ... Can the district court evaluate and award continued benefits under the 'any occupation' standard when the insurer has not yet made that assessment?" [Martinez v. Standard Ins. Co., No. 20-10475 (5th Cir. Oct. 5, 2021; unpub.)] |
| Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the linked news item's title). |
| An important word about authorship: BenefitsLink® created this link to the news item, but we are not the news item's author (unless expressly shown above). |