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Seventh Circuit: 2018 Amendments to ERISA Claims Regs Apply to Disability Claims Terminated After Effective Date of Amendment
Roberts Disability Law
Jan. 20, 2023 "The court considered and rejected Standard's arguments including that: [1] extratextual evidence shows that the 2018 amendments were not meant to apply to claims filed before April 1, 2018; [2] Zall waived the argument about the amended regulation in the district court by failing to raise it during the administrative review process or allege it in the complaint, and [3] applying the 2018 amendments to claims filed as far back as 2002 would make them impermissibly retroactive." [Zall v. Standard Ins. Co., No. 22-1096 (7th Cir. Jan. 19, 2023)] |
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