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Your ERISA Watch – What a Difference Discretion Makes

Your ERISA Watch – What a Difference Discretion MakesMayer v. Ringler Assocs. Inc., No. 20-1281, __, F.4th __, 2021 WL 3556473 (2d Cir. Aug. 12, 2021) (Before Circuit Judges Walker, Sack, and Menashi).This week’s notable decision demonstrates the uphill battle ERISA claimants face in litigation with insurers over their employee benefits, particularly where courts apply […]

UnitedHealth Group Asks the Supreme Court to Allow Cross-Plan Offsetting

In recent years, UnitedHealth Group has ramped up its practice of recovering supposed overpayments to medical providers on claims of plan participants in one healthcare plan by offsetting these “overpayments” against (and therefore often totally disallowing) payments on the claims of participants in an unrelated plan.Keep in mind that the participants in the plans normally […]