The answer is most likely. In a prior post we discussed that on October 12th the Department of Labor provided for a 90-day delay to April 1, 2018. Since that time the Department of Labor reviewed whether the new regulations created any undue burdens on plan sponsors. In a notice published in today's Federal Register, the Department of Labor officially stated the new claims procedures apply for claims filed after April 1, 2018. The DOL also indicated that it is still considering changes to the final regulations, but likely no further changes will be forthcoming. On a related note, we are also aware that many large disability claim administrators will adopt the new claims procedures effective January 1, 2018 (the prior effective date of the new regulations). Plan sponsors should contact their disability administrators to determine when the administrator will start complying with the new regulations, so that plan sponsors can update their plan documents and summary plan descriptions timely and correctly.
Disclaimer
While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.
DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.
If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.
