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18 Aug 2021, 10:00 pm
Members of our labor, employment, and benefits team recently published a LawFlash discussing the Occupational Safety and Health Administration’s (OSHA’s) updated nonbinding COVID-19 guidance applicable to all industries not otherwise covered by the OSHA Emergency Temporary Standard . [read post]
8 Aug 2018, 2:40 pm
The Administration also discusses benefits and costs of the rule, including comments it received regarding the potential effects on premiums, the individual market risk pool, out-of-pocket spending, and access to care, among other impacts. [read post]
30 May 2019, 9:05 pm
The same benefits of recusal apply to administrative adjudication, albeit with some important distinctions. [read post]
9 May 2021, 9:08 pm
As a result, the Administration claimed that the repeal of the Clean Power Plan would result in no costs and no benefits. [read post]
25 Jun 2015, 6:34 am
Commissioner Aguilar issued a formal dissent to the final standards, pointing to the financial sector’s historically poor diversity record while expressing disappointment that the agencies responsible for the new standards chose “to do what is convenient for the companies, rather than the right thing for the long-term benefit of our country. [read post]
24 Sep 2008, 8:29 pm
., Sept. 16, 2008), an HIV-positive man who went on disability benefits in 1998 has won a rare reversal of a benefits plan's decision to terminate his benefits under the ERISA "abuse of discretion" standard. [read post]
12 Jun 2014, 7:00 am
Under this approach, we review the plan administrator's decision from the same perspective and with the same standard of review as the district court. [read post]
1 Apr 2010, 12:53 pm
" The Alliance said, "The ongoing existence of a national program for motor vehicle fuel economy and greenhouse gas standards for all future model years should be the shared goal of not only the current Administration and the industry, but also Congress and the States, for the benefit of the environment, the public, and the ability of the industry to create and maintain high quality jobs. [read post]
24 May 2023, 5:23 am
Ensuring accurate administration, enrollment, and communication of benefit options. [read post]
6 Oct 2019, 9:05 pm
In that case, the Court made clear that the arbitrary and capricious standard in the Administrative Procedure Act calls for agencies to make decisions based on reasons and on a careful consideration of evidence—not just on the basis of politics, such as from a change in administration. [read post]
12 Jan 2017, 10:51 am
., Cordell & Cordell Family Law Attorney One of the most notable federal social safety net programs of the past century are the disability benefits programs administered by the Social Security Administration (SSA). [read post]
6 Jun 2011, 6:00 am
Philosophically, this is a standard of hypothetical informed consent, and it forms the ethical foundation of BCA. [read post]
2 Jul 2014, 9:30 pm
Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), and the National Highway Traffic Safety Administration (NHTSA) widely apply cost-benefit analysis to regulations with an expected annual economic impact of $100 million or more, and these and other federal agencies have issued hundreds of regulations supported by cost-benefit analysis over the years. [read post]
16 Nov 2012, 3:08 pm
The Social Security Administration released the federal benefit rate for the 2013 Supplemental Security Income (SSI) benefits as follows: The benefit amount for an individual SSI recipient in 2013 is $710 per month (an increase from $698/mo. in 2012). [read post]
17 May 2018, 2:27 am
How do we administer their benefits? [read post]
17 May 2018, 2:27 am
How do we administer their benefits? [read post]
28 Jun 2019, 9:54 am
On the one hand, he agreed with the conservatives that the agency had not been arbitrary under the traditional standards: The secretary “considered the relevant factors, weighed risks and benefits, and articulated a satisfactory explanation for his decision. [read post]
8 Apr 2020, 7:34 am
Arizona 2020), the court allowed discovery in an ERISA case relating to the plan administrator’s alleged use of biased experts when it denied a claim for waiver of premium benefits under a life insurance policy. [read post]
5 May 2009, 4:23 am
The abuse-of-discretion standard, as the test for determining whether a fiduciary's decision to deny a benefit claim should be overturned by a court, has been around for a long time. [read post]
4 Apr 2012, 3:06 pm
In November 2009, Plaintiff was approved for total disability benefits through the Social Security Administration, with an effective date of March 2007. [read post]