High Court Asked To Consider 5th Circuit’s ERISA Benefit Denial Review Standard

Mealey's (February 18, 2022, 2:52 PM EST) -- WASHINGTON, D.C. — In a certiorari petition filed Jan. 24 with the U.S. Supreme Court, a father argues that the Fifth Circuit U.S. Court of Appeals’ application of abuse of discretion and substantial-evidence standards when reviewing health plan benefit denials under the Employee Retirement Income Security Act conflicts with high court precedent; on Feb. 3, the respondents waived their right to respond....