The Paradox of the Misuse of Administrative Law in Erisa Benefit Claims

26 Pages Posted: 11 Nov 2003

Abstract

Employee benefit claims brought under the Employee Retirement Income Security Act (ERISA) have been mistakenly adjudicated under an administrative law model rather than as any other civil action brought before the federal court. This article discusses the impropriety of the use of an administrative law paradigm in litigation of ERISA benefit disputes and suggests a more appropriate way of resolving claim disputes.

Keywords: ERISA, administrative law, benefits, summary judgment, trials, standard of review, scope of review, discovery, administrative exhaustion

JEL Classification: J32, K39

Suggested Citation

DeBofsky, Mark D., The Paradox of the Misuse of Administrative Law in Erisa Benefit Claims. Available at SSRN: https://ssrn.com/abstract=436480 or http://dx.doi.org/10.2139/ssrn.436480

Mark D. DeBofsky (Contact Author)

DeBofsky & Associates, P.C. ( email )

200 W. Madison St.
Suite 2670
Chicago, IL 60606
United States
312-561-4040 (Phone)
312-929-0309 (Fax)

HOME PAGE: http://www.debofsky.com

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
219
Abstract Views
2,654
rank
198,080
PlumX Metrics