Administering Benefit Claims: Avoiding Mishaps and Litigation, Compliance Challenges for ERISA Counsel
Modifying Plan Documents and SPDs, Handling Assignment of Benefits, Effective Claims and Appeals Procedures

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
ERISA
- event Date
Wednesday, February 5, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide ERISA counsel, employers, and plan administrators on the critical compliance and litigation challenges of administering benefit claims. The panel will discuss key issues in modifying plan documents and SPDs in light of recent litigation, avoiding mishaps in the assignment of benefits, and developing effective claims and appeals procedures to minimize litigation and potential liability.
Faculty

Ms. Garrett represents plan sponsors, fiduciaries, and service providers in ERISA class action and single plaintiff lawsuits nationwide. She has a broad range of experience in employee benefits law and fiduciary breach matters.

Mr. Perkins practices in the areas of employee benefits fiduciary advice, ERISA litigation, and litigation involving fraudulent and abusive health care providers. He has represented clients in a wide range of ERISA matters in court and in arbitration, including complex class actions and single-plaintiff lawsuits. Mr. Perkins has handled matters involving individual pension and welfare benefit claims, severance pay claims, executive compensation disputes, benefit discrimination, and claims regarding plan design and fiduciary responsibility. In the class action realm, he has defended various types of claims, including claims for benefits and claims for breach of fiduciary duty, including 401(k) fee and proprietary fund litigations.
Description
ERISA litigation stemming from inadequate administration of benefit claims remains steady with cases brought by plan participants and beneficiaries. ERISA counsel, employers, and plan administrators must grasp a complete understanding of critical compliance and administrative challenges along with methods to overcome them to effectively limit or avoid litigation.
Effective plan design, careful structuring of the administrative process, and informed guidance to those who administer claims can significantly increase the precision of claims administration and maximize the likelihood of success in litigation. Advanced preparation by counsel may result in fewer disputes over discovery, conflicts of interest, standards of review, and deference accorded the administrator's decision, and may even reduce attorneys' fees.
In addition, key issues arising from the modification of plan documents and SPDs, assignment of benefits, and claims and appeals process must be carefully analyzed to avoid any mishaps and errors when administering benefits claims.
Listen as our authoritative panel of ERISA counsel provides best practices for navigating the administration of benefits claims. The panel will also discuss key case law developments in benefits suits and methods to minimize litigation and potential liability.
Outline
- Key issues in the administration of benefit claims
- Challenges with plan document modification, SPDs, and assignment of benefits
- Claims and appeals procedures and the exhaustion of administrative remedies
- Best practices and pre-litigation techniques for ERISA counsel
Benefits
The panel will review these and other essential matters:
- Key issues that can arise in the administration of benefit claims and methods to overcome them
- Critical considerations when modifying or amending plan documents and SPDs
- Avoiding mishaps in the assignment of benefits
- Developing effective claims and appeals procedures
- Pre-litigation tactics and the exhaustion of administrative remedies
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