From: Brian King [mailto:brian@briansking.com] 

Sent: Thursday, October 26, 2017 7:55 PM

To: EBSA, E-ORI - EBSA

Subject: RIN 1210-AB39; comments on delaying implementation of final rule from DOL for ERISA claims 

processing regulations for LTD claims

I am writing to provide comments about whether the DOL should delay 

implementation of the Final Rule involving ERISA governed long term disability 

claims.

I have practiced law for over 30 years. The great majority of that time I have 

represented claimants with denied life, health, and disability claims. Over 90% of my 

work involves ERISA. 

I oppose any extension of time for the new Final Rule relating to disability claims to 

go into effect. I understand that self-funded plan sponsors, insurers, third party 

administrators and their allies want to do all they can to kill outright the new Final 

Rule. Failing that, delaying implementation of the Final Rule as written or, at the very 

least, watering down the degree to which it holds ERISA plans and their agents 

accountable when they fail to live up to their fiduciary and statutory duties, are 

things these entities would love to see. 

Here’s the problem with killing, delaying, or watering down the Final Rule. My clients 

are already dealing with the greatest challenge most of them have ever had to face 

in their lives: the loss of their ability to provide for themselves and their families. 

Contrary to what some believe, few people who come to me for help with disability 

are malingerers or trying to pull a fast one. Most of the time my experience is that 

they are doing everything they can to get through a debilitating physical injury or 

illness. They would like nothing better than to get back to work and feel that 

satisfaction that comes from being self-sufficient and making it on their own. Most of 

the time their self-image and feelings of self worth are heavily dependent on doing 

work for which they have been trained, often times in highly skilled professional 

occupations. They are devastated by their disabilities. The likelihood that these 

individuals are able to get back to work is increased greatly if they know their 

insurance company, with which they have contracted for security and peace of mind, 

is standing behind and supporting them.

The DOL received many comments during the last period allowed for public input 

before the Final Rule was put into place last year. I don’t believe any interested 

parties were deprived of making their voices heard. Specifically, the question of what 

cost increases would exist under the proposed Final Rule was specifically considered 
and all interested parties had a chance to weigh in. The conclusion the DOL reached, 

that cost increases would be minimal, was the correct result. The process was fair 

and complete. I am struck by the degree to which insurers, business interests, and 

others who want to undermine the rights of employees to employee welfare 

benefits would like a second bite at the apple. It is improper to allow them to do so. 

Please maintain the integrity of the rulemaking process by refusing to extend the 

time for implementation of the Final Rule.

Brian S. King

Brian S. King, PC

336 South 300 East, #200

Salt Lake City, UT 84111

801-532-1739 (work)

801-532-1936 (fax)

brian@briansking.com

www.erisa-claims.com

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King