From: Michael Bartolic [mailto:mbartolic@robertsbartolic.com] 

Sent: Tuesday, October 24, 2017 12:10 PM

To: EBSA, E-ORI - EBSA

Subject: RIN 1210-AB39

Dear DOL:

I believe there is ill cause to delay implementation of the new disability claim regulations. The 

DOL already addressed all the concerns raised in the purported need for delay when considering 

the rule. The insurance industry aggressively opposed the measure and provided its bases. After 

careful consideration of all positions, the rule making process closed.

DOL already evaluated the potential cost increases now being raised by plans and insurers and 

concluded the costs would be minimal. One element of cost that was not considered, though, for 

it cannot be accurately monetized, is the reduced spending in litigation as a result of 

measures. One of the new regulations would require that where claims administrators rely on 

new information following an appeal, they must disclose the new information to the claimant and 

provide the claimant an opportunity to comment upon it. In these cases, all too often claims 

administrators outright deny a claim, and assemble their bases to uphold the denial after the 

claimant’s appeal, providing the claimant no opportunity to ever address the evidence, which can 

be a determinative issue in the appeal. A recent case I litigated to judgment involved just that 

fact scenario, and the judge remanded the case to permit the claimant to address the new expert 

report, as it was a determinative issue on appeal. See Suson v. PNC Financial Services Group, 

Inc. No. 15-10817, 2017 U.S. Dist. LEXIS 119473 (N.D. Ill. July 31, 2017). The parties spent 

combined over $160,000 litigating a matter that had the new regulation been in place, likely 

would not have been spent, because the judge ultimately ruled the matter had to be remanded to 

allow the claimant to address the determinative issues raised in the new evidence, which she 

never had opportunity to address. ERISA’s claims procedures regulations were designed to lead 

to efficient pre-litigation claims settlement and prevent unnecessary cases from being 

litigated. The additional measures in the new regulation will 100%, without a doubt, reduce 

legal fees spent on litigation, and reduce courts’ congestion with these types of cases. There are 

far more regulations regarding pension plans than there are regarding disability benefit 

plans. Not surprisingly, there are far fewer disputes governing pension benefits than there are 

regarding disability insurance benefits. The regulations provide certainty in how administrators 

should handle claims, and what claimants should expect in making a claim, thus reducing the 

number of sources of disagreement.

After listening to all parties concerns, the DOL already propounded well thought out regulations 

and provided sufficient time before implementation for all parties to prepare to follow them.

There should be no further delay in implementing the regulations.

Sincerely,

Michael Bartolic

Roberts Bartolic LLP
Chicago + Bay Area

208 South LaSalle Suite 1420

Chicago, Illinois 60604

Tel: (312) 635-1600

Dir: (312) 635-0948

Fax: (312) 635-1601

mbartolic@robertsbartolic.com

www.robertsbartolic.com (Bay Area) | www.robertsbartolic-IL.com (Chicago)

ERISA Law Firm Representing Executives and Professionals in Claims for Disability, 

Life Insurance, and Pension Benefits

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