This amicus brief addresses the ERISA fiduciary’s duty under the ERISA statute and Secretary of Labor regulations to afford full and fair review when a fiduciary denies a benefit claim This duty requires a fiduciary to help secure “readily available material evidence of which it was put on notice,” which is necessary for the fiduciary to review in order to comply with 29 U.S.C. § 1133(b). Harrison v. Wells Fargo Bank, N.A., 773 F.3d 15, 20 (4th Cir.2014). This is in accord with the collaborative process expected by fiduciaries in this Circuit. Glista v. Unum Life Ins. Co. of America, 378 F.3d 113, 129 (1st Cir. 2004).
Court U.S. Court of Appeals for the First Circuit
Case Number 17-2078