ERISA Ruling Shows Reluctance For Disability Claim Remand

Law360 (November 3, 2020, 4:21 PM EST) -- Employee Retirement Income Security Act civil procedure often departs in significant respects from the normal civil procedure utilized uniformly by federal courts in all civil actions in accordance with the Federal Rules of Civil Procedure. One aspect of ERISA civil procedure that is especially questionable despite its near-uniform acceptance by the federal judiciary is the practice of remanding ERISA benefit cases to the insurer or plan administrator.

After finding error in the claim denial, rather than awarding the claimant benefits, courts mostly give out mulligans that give the plan administrators another crack at denying the claim again.[1]

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