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3 Mar 2023, 10:22 am
As in the past, there are many sessions pertaining to the use of benefit-cost analysis in regulation and regulatory decision making that those who study administrative law will find useful. [read post]
21 Jun 2019, 9:07 am
The Social Security Administration, however, may not look favorably on some volunteer work. [read post]
16 Mar 2009, 8:22 am
The decision starts out as an attempt by the participant to resuscitate her benefits claim by invoking Glenn v. [read post]
29 Apr 2010, 5:28 pm
The Court addressed the standard for reviewing the decisions of ERISA plan administrators in light of Firestone. [read post]
18 May 2020, 9:02 pm
The Administration’s analysis of its repeal of fuel emission standards contained even more striking errors. [read post]
3 Apr 2012, 1:24 pm
Astrue, the District Court for the Southern District of Ohio explains that the SSA and its judges use the same standard for determining a widow's benefits claimant's disability as they do in considering other disability benefits claims. [read post]
9 Dec 2022, 12:29 pm
The Department of Health and Human Services (“HHS”) has proposed a rule that updates retail pharmacy standards for electronic transactions adopted under the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). [read post]
9 Sep 2022, 10:39 am
Furthering its agenda, on September 6, 2022, the Board released a new proposed joint employer standard, which would roll back the current standard established under the prior administration, making it much easier for companies to be deemed joint employers. [read post]
15 Mar 2020, 6:48 am
The option does come standard with auto insurance policies issued in the state, and individuals must sign a waiver to turn it down. [read post]
10 Mar 2011, 11:22 am
In analyzing this case, the Court said that, since the Plan unambiguously granted CIGNA the discretion to decide Plan eligibility, the Court would review CIGNA's decision to deny the LTD benefits under the abuse of discretion standard. [read post]
21 Mar 2011, 5:42 am
In Technical Release No. 2011-01, the Employee Benefits Security Administration (the "EBSA") stated that it is extending the non-enforcement period for the interim regulations, issued in 2010 under the Affordable Care Act (the "2010 interim regulations"), which govern internal claims and appeals under group health plans. [read post]
24 Mar 2014, 2:56 pm
Specifically, the rule establishes: (1) the requirements for state administration of the BHP consistent with its certified “Blueprint”; (2) eligibility and enrollment requirements; (3) minimum benefits requirements; (4) the availability of federal funding; (5) the purposes for which states can use federal funding; (6) enrollee financial participation parameters; and (7) requirements for administration and oversight of BHP funds. [read post]
5 May 2020, 5:00 am
On April 14, six Republican senators wrote a letter voicing concern over guidance from the Trump administration that restrains U.S. technology companies from participating in international standards-setting efforts. [read post]
22 Nov 2010, 6:42 am
In reviewing the case, the Sixth Circuit Court said that where, as here, the plan administrator-Guardian- has discretionary authority to determine eligibility and construe policy terms, the courts apply the deferential arbitrary and capricious standard when reviewing the plan administrator's decision to terminate benefits. [read post]
7 Apr 2010, 12:06 pm
On April 1, the Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) issued a joint final rule, “Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards,” establishing a National Program to reduce greenhouse gas (“GHG”) emissions and improve fuel economy. [read post]
8 May 2021, 3:40 pm
The end of the independent contractor rule is expected to permit so-called “gig workers” to be entitled to minimum wage and overtime compensation benefits under the Fair Labor Standards Act (FLSA). [read post]
7 Jul 2017, 2:44 pm
August 28 is the deadline for employers and others to comment on an Occupational Safety and Health Administration (OSHA) proposed rule that would modify the agency’s recent beryllium standards for the construction and shipyard sectors. [read post]
17 Apr 2012, 12:54 am
As this blog has discussed previously, while the Fair Labor Standards Act (FLSA) requires that employees be paid 1.5 times their hourly wage for every hour worked over eight per day or 40 per week, not every employee receives these benefits. [read post]
29 Jun 2011, 8:15 am
CTI provided its employees with long term disability benefits under a program insured by defendant Reliance Standard Life Insurance Company ("Reliance"). [read post]
13 Aug 2021, 5:01 am
Their effective advocacy, and the firm-level benefits of standardization generally, translates into aggregate benefits for the respective economies in which the firms are incorporated. [read post]
