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First Circuit: ERISA's 2002 Regs Give Disability Claimants Chance to Respond to New Evidence Generated During Administrative Review
Roberts Disability LawLink to more items from this source
Nov. 11, 2021

"[T]he First Circuit read the plain language of [29 C.F.R. Section 2560.503-1(h)(2)(iii)] as requiring an administrator to provide a claimant with all documents relevant to her claim for benefits prior to making a final claims decision. The term 'claim' refers to the request for benefits under the Plan. The court rejected United's narrow construction of the term 'claim' to only apply to the initial claim for benefits.... There is no dispute that the 2016 version of the ERISA regulations require disclosure of new evidence on appeal, however, the parties disagreed as to whether the 2002 Regulations require the same disclosure." [Jette v. United of Omaha Life Ins. Co., No. 20-1713 (1st Cir. Nov. 10, 2021)]

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