De Novo Standard Of Review Applies In Disability Benefits Dispute, Judge Says

(May 3, 2023, 9:08 AM EDT) -- NEW YORK — A de novo standard of review applies in a disability benefits dispute because the disability claimant was deprived of a full and fair review under the Employee Retirement Income Security Act based on the disability insurer’s failure to have a medical doctor exam the claimant during an independent medical exam and based on the disability insurer’s failure to decide the claimant’s appeal within 45 days, a New York federal judge said....