DOL Announces No Further Delay to Disability Claim Procedure Rules

On January 5, 2018, the Department of Labor announced there will be no more delays to the April 1, 2018 applicability date of final rules that amend claims procedure requirements for ERISA-covered employee benefit plans that provide disability benefits, including retirement plans that provide for benefits upon disability.

Read Winston & Strawn’s Compensations & Benefits Update briefing for more details on the new requirements for the processing of claims and appeals for disability benefits, which include changes in the following areas:

• Additional explanation of reasons for denial
• Statements regarding claim file and internal protocols
• Limitations on denials based on new information
• Avoidance of conflicts of interest
• Deemed exhaustion of claims procedures
• Coverage rescissions
• Communication requirements in non-English languages