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Product ID: 393293EAU
 
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How To Avoid the Pitfalls of Disability Plan Administration--Learning From the Mistakes of Others

OnDemand Webinar (87 minutes)

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.

Authors

David R. Levin, Drinker Biddle & Reath LLP

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