ERISA Decision Stands Unless Decision is Capricious and Arbitrary

0
4KB

When Experts Provide Reasonable, Professional and Adverse Opinions ERISA Allows for Reasonable Decision


Read the full article at https://www.linkedin.com/pulse/reverse-erisa-administrators-decision-must-proved-zalma-esq-cfe and at https://zalma.com/blog plus more than 3550 posts.


After Amy Wright stopped working in 2017, she made two claims with her insurer for benefits that would accrue to her only if she could prove that she was disabled. Ultimately, her plan administrator denied both claims because she did not establish disability. In  Wright v. Reliance Standard , No. 19-14643, USCA, 11TH (January 29, 2021) the court decide only if the decision of the ERISA administrator was Arbitrary & Capricious.


ZALMA OPINION


ERISA allows a great deal of discretion to plan administrators. When, as in Wright’s claim, even her preferred doctors who concluded she was totally disabled repeatedly noted that her gait, range of motion, strength, and many other physical conditions were normal and which contradicted their conclusions and gave strength to the opinions of the administrator’s experts. Since there were good reasons for the administrators decision to reject her claim that decision was neither arbitrary or capricious so the trial court’s decision was affirmed.

Commandité

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Rechercher
Catégories
Lire la suite
Politics
Is the new illegal US administration is already declaring war on US Indians!
Thoroughly in compliance with traditional Venetian Party Empire policies about exploiting and...
Par Scarecrow III 2021-01-24 04:59:49 0 4KB
Autre
A Bad Faith Case Requires an Insurer Acting Unreasonably
Hoist on His Own Petard – Plaintiff Counsel’s Refusal to Ask a Key Question in a...
Par Barry Zalma 2021-03-22 12:19:49 0 5KB
Health
Coronavirus treatment which apparently can save some 98 % of COVID patients!!! PLEASE CHECK AND DISTRIBUTE THIS INFORMATION!!!
Coronavirus treatment which apparently can save some 98 % of COVID patients!!! PLEASE CHECK AND...
Par Medic Ineman9 2020-06-06 15:30:02 0 8KB
Autre
Wisconsin Finds Killing a Child and Conviction of 2nd Degree Murder Could be an Accident
Wisconsin Finds Killing the Insured’s Child a Potential Accident Read the full article at...
Par Barry Zalma 2023-02-06 13:50:03 1 4KB
Autre
Court System Abused by In Forma Pauperis Plaintiff
Court System Abused by In Forma Pauperis Plaintiff Court System Abused by In Forma Pauperis...
Par Barry Zalma 2024-10-07 13:19:59 0 885