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More Tenth Circuit ERISA Rulings

The Tenth Circuit has issued important rulings on pre-existing condition exclusions. Most disability policies exclude disabilities based on pre-existing conditions. How such exclusions are interpreted and applied can be very important in adjudicating disability claims.

The Tenth Circuit is also very good on barring insurance companies and plan administrators from raising new issues or arguments in litigation that they did not raise at the administrative level. The Tenth Circuit recognizes that such practices are unfair to claimants and violate ERISA regulations. Thus, in the Tenth Circuit courts are required to consider only those rationales that were specifically articulated in the administrative record as the bases for denying a claim. The Tenth Circuit explains that the reason for this rule is clear: ERISA claimants should not be denied the timely and specific explanation to which the law entitles them, to be sandbagged by after-the-fact plan interpretations devised for purposes of litigation. In the Tenth Circuit, when the reason the plan administrator presented at the administrative level fails, the insurance company or plan administrator cannot come up with new reasons. If the claimant's claim is adequately supported, the claimant is entitled to benefits.

Call an ERISA Lawyer for a Free Consultation

ERISA Law Center serves the Tenth Circuit by representing claimants in the following states and cities: Colorado: Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, Thornton, Pueblo, Arvada, Westminster and Centennial; Kansas: Wichita, Overland Park, Kansas City, Topeka, Olathe, Lawrence, Shawnee and Manhattan; New Mexico: Albuquerque, Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington and South Valley; Oklahoma: Oklahoma City, Tulsa, Norman, Broken Arrow, Lawton, Edmond and Moore; Utah: Salt Lake City, West Valley City, Provo, West Jordan, Orem, Sandy, Ogden and St. George; and Wyoming: Casper, Cheyenne, Gillette, Laramie and Rock Springs. Call an ERISA attorney at (844) 710-2993 to discuss your case.

More information about how your state’s laws affect your ERISA claim within the Tenth Circuit can be obtained through your state Department of Insurance.