State: 
Massachusetts
Year: 
2018
Case Number: 
17-2078
Court: 
U.S. Court of Appeals for the First Circuit
Issue: 
ERISA requires a fiduciary to investigate and to seek and to obtain readily-available information necessary to decide a benefit claim.

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). 

Author: 
This brief was prepared pro bono by Jonathan Feigenbaum, Law Offices of Jonathan Feigenbaum, Boston, MA