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››2nd Circle Decision Highlights ERISA Determination Deadlines

2nd Circle Decision Highlights ERISA Determination Deadlines

By Marcella Harper
June 28, 2022
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By Mark DeBofsky (June 28, 2022, 6:20 p.m. EDT) — Should claimants for disability benefits governed by the Employees Retirement Income Security Act fully exhaust claims appeals before filing suit? ?

This question was answered in June by the United States Court of Appeals for the Second Circuit in McQuillin v. Hartford Life and Accident Insurance Co.,[1] which overturned the dismissal of the case by the U.S. District Court for the Eastern District of New York and ruled that an insurer’s failure to issue a final benefit determination within the time frame prescribed by the ERISA Claims Regulations of the us department of labor[2] constituted “deemed exhaustion”, meaning that any exhaustion requirement was deemed to have been met, …

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