Are your disability plans a source of litigation? Learn how to hone in on troublesome issues when reviewing your plan documents.
Many employers offer disability plans to their employees, but many plans are as much a source of litigation as they are a source of benefits to the disabled. Disability plan administration should focus on a consistent claim and appeal process that is understood by the participants and the person or committee that decides claims and appeals. Too often a breakdown in communication results in frustrated expectations and litigation. This ondemand webinar focuses on the basics of administering the plan, because it is the basics that determine who is entitled to benefits. Case law - other plans' litigation - are a source for how to administer your plan and minimize the risks of litigation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Plan Documents and Summary Plan Descriptions
- Amending - Who, How and When
- Allocating Responsibilities
- Plan Administrator
- Claims Administrator
- Who Decides Appeals
Troublesome Issues
- Defining Disability
- Does the Definition Change After a Set Period
- Is There a Limit on the Benefits Depending Upon the Nature of the Disability
- Self-Reporting Pain, Objective Evidence, Treating Physicians
Creating an Administrative Record - Credentials and Protocols; Consistency in Administration
Responding to Requests for Documents - What Does Relevant Really Mean
Helpful Plan Provisions
- Standard of Review
- Timelines for Claims and Appeals
- Limitations of Action
- Forum Selection
- Reimbursement for Third-Party Injury or Illness (Make Whole and Common Fund Doctrine)
Conflicts of Interest
Monitoring the Claim and Appeal Process
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on October 23, 2014.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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More Program Information
Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
David R. Levin
Drinker Biddle & Reath LLP
- Partner in the Washington, D.C. office of the law firm of Drinker Biddle & Reath LLP
- Concentrates in all aspects of employee benefits law
- While in government practice, he handled major complex litigation of first impression under ERISA
- Since going into private practice, he has been actively involved in counseling for single employer pension and welfare benefit plans, as well as litigation of numerous issues under ERISA in federal district courts and appellate courts across the country
- Also practices before the Department of Labor, the Internal Revenue Service and the Pension Benefit Guaranty Corporation
- Charter fellow of the American College of Employee Benefits Counsel
- Co-wrote the ERISA Fiduciary Answer Book (Panel Publishers) and was for many years a contributing writer and senior editor of the treatise Employee Benefits Law published by BNA for the ABA Section of Labor and Employment Law
- Has taught courses on welfare benefit plan litigation and pension plan litigation
- J.D. degree, Catholic University Law School, where he was a member of the Law Review; B.A. degree, George Washington University
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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