Sunshine, Lollipops, and Rainbows

470-333-7472

ERISA and Employment Musings

“ERISA is not, however, all sunshine and lollipops.”
-Baker, James P. and Garcia-Yow, Emily L. “The Nuts and Bolts of Severance Plans under ERISA,” BENEFITS LAW JOURNAL, VOL. 28, NO. 2,, P.4 (SUMMER 2015)

The Plan Strikes Out

Posted by Adian R. Miller | May 19, 2022 | 0 Comments

A recent decision from the Fourth Circuit indicates that, even under an abuse of discretion standard, one flawed medical report can taint the entire “deliberate, principled reasoning process” that is required under ERISA.  Further, a claimant cannot be required to exhaust conservative treatment options before undergoing surgery if that is not an explicit term in the applicable plan. Finally, a plan that continuously errs in its decision-making process may be denied remand, even where there is no evidence of bad faith.  In short, three strikes and you’re out.

Schedule an Appointment

We are happy to help evaluate your case and begin developing a strategy for legal success. At your first consultation, we begin by reviewing the facts and relevant documents and providing a roadmap for the future handling of your matter. Schedule today by calling 470-33-ERISA or by completing our online intake form.

Experienced ERISA and Employment Law Representation

Pridgen Bassett Law is committed to answering your questions about your ERISA or employment disputes. While located in the metro Atlanta area, our practice spans nationwide.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu