EBSA Takes Position That ERISA Fiduciaries Must Provide Claimants With Any Audio Recordings Related to Adverse Benefit Determination

Yesterday, Eric Berger, Acting Chief, Division of Coverage, Reporting and Disclosure, in the Office of Regulations and Interpretations of the Employee Benefits Security Administration (EBSA) issued an informational letter concerning an ERISA fiduciary’s responsibility to provide information following an adverse benefit determination. EBSA received the following inquiry: “whether ERISA section 503 and the Department of Labor’s implementing claims procedure regulation at 29 CFR 2560.503-1 require the responsible plan fiduciary to provide, upon a claimant’s request, a copy of an audio recording and transcript of a telephone conversation between the claimant and a representative of the plan’s insurer relating to an adverse benefit determination.” The inquiry was made by an attorney who represents claimants in ERISA benefit disputes. An insurance company refused to provide its audio recordings made in the course of deciding one claimant’s long-term disability claim.