New Disability Claim Procedures

The U.S. Department of Labor’s new regulations for disability claims went into effect on April 1st, meaning employers should ensure their plans are in compliance.

Husch Blackwell outlines the key changes as follows:

  • Ensure the independence of decision-makers.
  • Require a discussion of the basis for any decisions.
  • Provide claimants access to the entire claims file, including any evidence or testimony.
  • Provide any new or additional evidence before a denial of a disability claim is decided on appeal.
  • Include in a notice of any negative decision on appeal any contractual limitations period to bring an action in court and the specific calendar date on which the period ends.

Applicable plans must be updated to adhere to the new legislation, including providing disability claimants access to their claim files, providing notice of negative decisions for claims, and ensuring the independence of decision makers.

For more on the regulations, please click here.

disability claim form

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