Individuals denied benefits under an ERISA-governed plan must exhaust the plan’s administrative remedies before going to court. However, in limited instances, a plaintiff can forego the claims procedure process, thereby obtaining a fast-track to litigation. In so doing, the plaintiff will cause a critical shift in the standard a court will apply to assess an administrator’s decision to deny benefits.
This article explores those situations in which a plaintiff can shorten the process to challenge a denial of benefits and, at the same time, switch the court’s standard of review from arbitrary and capricious to de novo.
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