Labor and Employment Alert: DOL Green-Lights Disability Claims Regulations

Related Practices

Attorneys & Professionals

After postponing the effective date of Obama-era regulations on claims and appeals for disability benefits, the Department of Labor announced on January 5, 2018 that it would allow the regulations to go into effect for claims filed after April 1, 2018. 

The regulations will apply to most – but not all – claims where benefits are conditioned on a finding of disability.  This may include certain benefits under retirement plans, in addition to benefits under long-term disability plans and some short-term disability plans.  Note that identifying a plan with benefits conditioned on a finding of disability is only the first step: there are significant exceptions where the regulations will not apply.  The regulations will not apply to:

Where applicable, the regulations will:

A chart summarizing the new regulations is available here.