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Scott B. Elkind 

(MD, DC, VA WV) 

Department of Labor 

Regulations Committee 

October 20, 2017 

Re: Proposed ERISA Administration Rules 

Dear Committee Members: 

Stephen F. Shea 

(MD, DC) 

I have been involved in the prosecution of similar ERISA-based matters throughout this 

for over 20 years. I devote the vast majority of my practice to the representation of persons 

wrongfully denied disability benefits and have represented thousands of clients. 

I am a founding attomey of the Social Security Disability Law Section of theAssociation 

of Attorneys for Justice (AAJ fom1erly the Association of Trial Lawyers of America (ATLA)), 

and served as the Chair of the Section in 1999-2000. I continue to serve on the Executive Board 

of the Section. I have served as the Representative to the Social Security Administration 

Roundtable Discussions on behalf of AAJ for several years. I am the former Chair for the 

governing board of the AAJ Health Care and Disability Litigation Group (2009- 10). Scott has 

also served as the Co-Chair for the Social Security Disability Section of the Virginia Trial 

Lawyers Association (2003 - 4 ). 

I am a frequent lecturer on the topic of disability benefits before both large andsmall 

groups, as well as authoring many articles on related topics. I am called upon by practitioners 

and bar associations nationwide to lend advice concerning many topics in disability benefits law 

and related issues. 

The practice of law concerning ERISA beneficiary rights is very difficult given 

thechallenging nature of the medical and vocational issues involved in addition to the complexity 

of the ever-evolving case law. There are few practitioners who engage in this practice on a fulltime basis given the enormity of the risk involved in litigating these cases. One of the most 

difficult aspects ERISA practitioners face is the manipulation of the administrative appeal 

process by plan administrators. The new proposed rules serve as a enormous clarification of how 

the administrative process should proceed and are very welcome by plan beneficiaries. 

Unfortunately, the delays associated with the promulgation of these new rules are serving 

to prejudice beneficiaries. This Committee should know the old adage: "Delay favors the 

defense." The insurance industry is attempting to delay the enactment of the final rules by any 

means possible, whether credible or not. 

It is hard not to remind this Committee that the largest population based, the "Baby 

Boomers," are now becoming disabled in record numbers and are not receiving the benefits of a 

more balanced and fair administrative appeal process under ERISA. It seems very clear that this 

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Committee is being hijacked by insurance industry defense interests in an effort to delay and or 

change these much needed regulatory amendments. By doing so, increasing number of 

beneficiaries are being affected in their most crucial time of need. As it stands, there has been no 

publicly stated reason for the continuing delays which is a terrible disservice to those of us who 

are stakeholders in the process, but have been functionally excluded by the lack of transparency 

in these proceedings. 

The proposed "study" by insurance industly interests is no more than a delay tactic being 

employed while gathering political forces to reign in and amend the proposed regulations as 

administrators would prefer to do "business as usual" which has resulted in gross manipulation of 

the administrative appeal process and has done inordinate harm to plan beneficiaries. 

At the very minimum, all stakeholders should be infonned and made part of any such 

proposals in order to add their own findings and comments. Exclusion from this process is, 

again, unfair to those who are seeking their disability benefits and the people attempting to lend 

assistance to this unempowered population. 

Thank you for taking the time to review my concerns. 

Respectfully, 

--- Scott B. Elkind 

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