Disability Rights Education & Defense Fund

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3075 Adeline Street, Suite 210•Berkeley, CA 94703•510.644.2555•510.841.8645 fax/tty•www.dredf.org

Doing disability justice

December 11, 2017

Office of Regulations and Interpretations

Employee Benefits Security Administration, Room N-5655

U.S. Department of Labor 

200 Constitution Avenue NW.

Washington, DC 20210 

Re: Claims Procedure for Plans Providing Disability Benefits Examination.

Docket ID: EBSA-2015-0017, RIN 1210-AB39

Disability Rights Education and Defense Fund (DREDF) is pleased to submit comments 

in response to the Department of Labor (DOL) proposal to delay the applicability of RIN 

1210-AB39. The final regulation amends the claims procedure requirements applicable 

to ERISA-covered employee benefit plans that provide disability benefits. DREDF is a 

national cross-disability law and policy center that protects and advances the civil and 

human rights of people with disabilities through legal advocacy, training, education, and 

development of legislation and public policy. We are committed to increasing accessible 

and equally effective healthcare for people with disabilities and eliminating persistent 

health disparities that affect the length and quality of their lives.

DREDF is opposed to the modification or rescission of the regulation. Workers who 

seek disability benefits may find it difficult to understand the process and why a claim is 

approved or denied. Americans with disabilities make up one of the United States’ 

largest minorities. More than 25% live in poverty and do not have savings or resources 

that can be used to “tide them over” when they experience an injury or exacerbation of 

an existing disability that reduces their income. These workers, who develop a disability 

while working or whose conditions change so that they cannot sustain a current income 

level, may be unable to pay for groceries, housing, medication, or needed services and 

supports to remain in the community unless they receive a fair and accountable 

evaluation of benefit accrual. Workers with disabilities must be provided a transparent 

process with adequate safeguards and procedural protections.

The final regulations provide important due process rights when a plan or insurer denies 

a disability claim that DREDF deems essential, including: 

• Permitting claimants to respond to new information that the plan or insurer cites 

to deny a disability claim;

• Requiring the insurer to discuss contrary evidence such as a favorable Social 

Security decision; requiring the independence and impartiality of the persons 

involved in making the decision to deny the benefit; and 

• Ensuring the claimant’s right to the entire claim file and the plan or insurer’s 

internal protocols.

These protections merely mirror protections that already apply when workers file claims 

for group health benefits. In the proposal to delay implementation of the final rule, the 
RIN 1210-AB39

December 11, 2017

Page 2 of 2

Department hightlights stakeholder claims that “there are already existing robust 

consumer protections” that apply to disability claimants.1 Since the Consumer 

Protection Rule that was finalized on December 16, 2016 merely codifies basic due 

process rights and procedures, any insurer that did in fact have “robust consumer 

protections” in place should require few changes in procedure or policy. Plans may 

have to update their notice materials to ensure that disability claimants understand their 

rights, strengthen conflict of interest provisions, and put into place stronger procedures 

to ensure timely responses to disability claims, but again, these are absolutely basic 

due process requirements and plans will have had a full year to make these changes by 

the original January 1, 2018 implementation date for the final Rule. Moreover, 

stakeholder claims that the final Rule’s requirements will “clog the courts for resolution 

of benefit claims”2 is wholly unsupported; the courts should not be clogged unless the 

plans already know or anticipate that they cannot provide adequate due process to 

disability claimants. DREDF would be very interested in evidence on that latter point.

DREDF notes that the initial proposed rulemaking to incorporate safeguards and 

protections into the disability claims process received 145 comments from a wide 

variety of stakeholders, including: plan participants, plan sponsors, and employers and 

trade groups, and consumers groups representing disability benefit claimants. DREDF 

strongly recommends allowing the entirety of the final rule to take effect as written, 

without any further delay. Stakeholders who have more recent objections to the rule 

had the same comment period and opportunity afforded to those who submitted 

comments earlier, and are now being given 90 days to provide any further relevant 

evidence in support of their requested changes.

Thank you for the opportunity to provide comments. Please contact me at (510) 644-

2555, syee@dredf.org, with any questions. DREDF looks forward to continuing to work 

with DOL to ensure workers with disabilities receive the benefits and supports they need 

to remain vital participants in their communities.

Sincerely yours,

Silvia Yee

Senior Staff Attorney

 1 https://www.federalregister.gov/d/2017-22082/p-24.

2 https://www.federalregister.gov/d/2017-22082/p-24.