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Third Circuit: Irregular Request by Claims Administrator for an Outside Medical Report Used to Deny Disability Claim Was Abuse of Discretion
Roberts Disability LawLink to more items from this source
Nov. 29, 2021

"[T]he court found that [Reliance Standard Life's (RSL's)] decision to request the first IME was of unusual timing and impetus since it [had] just certified [the individual's] disability.... Though a fiduciary can seek an IME at appropriate stages of the claims process, 'the timing of and professed need for the IME were irregular.' The court found the second procedural anomaly to be RSL's request for two peer reviews after it decided to overturn the initial decision." [Fulton Financial Corporation Employee Benefit Plan; Reliance Standard Life Insurance Company, No. 19-3855 (3d Cir. Nov. 26, 2021)]

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