5th Circuit Asked To Reconsider Review Standard For ERISA Benefit Denials

Mealey's (October 27, 2021, 3:18 PM EDT) -- NEW ORLEANS — In an Oct. 6 petition for rehearing en banc regarding a panel decision that upheld a health plan benefit denial, an appellee asks the Fifth Circuit U.S. Court of Appeals to reevaluate its “substantial evidence” standard for reviewing such denials under the Employee Retirement Income Security Act, noting a concurring opinion that cited U.S. Supreme Court decisions in questioning the standard....

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