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Tenth Circuit Sides With Family of Middle Schooler in Claim for Residential Mental Health Treatment
Kantor & Kantor 
May 24, 2023 "The court pointed out that 'ERISA denial letters play a particular role in ensuring full and fair review,' and thus required United to engage in a 'meaningful dialogue' by addressing the opinions of A.K.'s physicians in its denials.... [T]he Tenth Circuit concluded that the district court was justified and acted within its discretion in awarding benefits outright rather than remanding to United to take a 'second bite at the apple' (or in this case, a sixth). The Tenth Circuit sided with courts that have found that a remand is inappropriate where a plan administrator has not acted consistently with its fiduciary role." [D.K. v. United Behavioral Health, No. 21-4088 (10th Cir. May 15, 2023)] |
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