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Federal Judge Remands Case To Administrator Where Time Limits Violated

LOUISVILLE, Ky. – Remand to the disability plan administrator, not de novo review, is the appropriate remedy when the administrator failed to make a benefits determination within the deadlines prescribed by the Employee Retirement Income Security Act’s regulations because of a procedural error by the administrator’s employee, a federal judge ruled Jan. 4 (James W. Hackney v. The Lincoln National Life Insurance Company, No. 3:11-CV-268, W.D. Ky.; 2012 U.S. Dist. LEXIS 694).
Full story on lexis.com (Source: LexisNexis® Mealey’s™ Disability Insurance Legal News)

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