From: Jennifer Danish [mailto:jdanish@bryantlg.com] 

Sent: Wednesday, October 25, 2017 11:30 AM

To: EBSA, E-ORI - EBSA

Subject: RIN 1210-AB39

October 25, 2017

Office of Regulations and Interpretations,

Employee Benefits Security Administration

Room M-5655

U.S. Department of Labor

200 Constitution Avenue NW

Washington D.C. 20210

Re: Claims Procedure Regulations for Plans Providing Disability Benefits Examination

RIN No.: 1210-AB39

Regulation: 29 C.F.R. §2560.503-1

Dear Deputy Assistant Secretary Hauser,

I write to offer comments on the proposed delay of the implementation of the claims procedure 

regulations applicable to disability benefit plans. I am an attorney whose practice is focused on the 

representation of claimants in ERISA-governed long term disability benefit disputes. I am well poised to 

comment, because I have worked in the field since 2003 and practiced in this area of law since I became 

licensed in May 2009. My experience includes handling both administrative appeals and litigating these 

claims.

The Department of Labor’s proposed delay of the final regulations defeats the purpose of the rulemaking process. The Department finalized rules after an extensive notice and comment period that 

provided 60 days and yielded numerous comments from interested parties of all types. Insurers, plans 

and their representatives came out in force. Many of industry comments suggested that there were cost 

issues associated with implementing the rules. The Department of Labor at that point had the issue of 

cost introduced for consideration. Those comments were, however, not supported by any relevant data. 

Despite the lack of support for this issue, the Department of Labor did not ignore it and gave insurers 

and plans significant time to make the necessary changes by significantly delaying the effective date. 

I have now read that “other input” is being relied upon - information that could have been publicly 

contributed during the proper notice and comment period, but was not. Insureds and their 

representatives, like me, now have no way to respond to this input, since it is not being made available. 

There has been no public disclosure of the input or analysis detailing why this post-notice and comment 

information is more valuable than what was collected during the notice and comment period itself. 

The reality is that after careful consideration listening to insurance companies and plans, and claimants, 

the Department implemented well-thought out regulations. Therefore, I ask that the effective date of 

the regulations not be delayed, since the reason for doing so lacks the necessary transparency and 

undermines the fairness that is supposed to characterize the rule-making process. 

Thank you for your consideration.
--

Jennifer Danish

Managing Partner

Bryant Legal Group PC

205 N Michigan Ave, Ste 3910

Chicago, IL 60601

jdanish@bryantlg.com

(312) 561-3010 main line

(312) 235-4886 direct line

(312) 254-3140 fax

www.bryantlg.com

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