Denial of Benefits Reviewed De Novo if No Discretion

A court reviewing a plan administrator or fidicuary's decision to deny benefits will apply a de novo standard of review if the plan does not give the plan administrator of fiduciary discretion in the determination of whether to grant or deny benefits.

 Under a de novo standard, the court will take a fresh look at the decision without regard for the decision made by the plan administrator or fiduciary.

 

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