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Articles Posted in administrative appeal

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Remand vs. Award: How Courts Determine Whether To Award Disability Benefits or to Order the Plan Administrator to Review the Claim All Over Again

In an ERISA disability case in which a plaintiff is challenging a plan administrator’s denial of long-term disability benefits, a court can do one of three things: (1) It can uphold the plan administrator’s decision; (2) it can reverse the decision and award the plaintiff disability benefits; or, (3) it…

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