Ruling Eases Challenges To ERISA Benefit Denials

Law360 (September 19, 2006, 12:00 AM EDT) -- When a claim for benefits from an ERISA plan is denied, the participant has the right to sue the plan in federal court to overturn the denial. A significant issue in any such court action is what – if any – deference should the court give the plan administrator's decision to deny the claim. The best result for the plan is an "abuse of discretion" standard. The best result for the plan participant is a de novo review, which means the court will review every fact and decide whether it would have made the same decision....

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