In this episode of Secrets from the ERISA Vault, Eric Buchanan explains one of the most important concepts in ERISA litigation: the standard of review.
Eric breaks down what “standard of review” means, why it can completely change the outcome of a disability case, and how courts determine whether to apply de novo review or the more deferential arbitrary and capricious standard. He walks through the history of how these standards developed and discusses the key Supreme Court decisions that shaped modern ERISA law.
You’ll learn why discretionary clauses matter, how conflicts of interest are evaluated, and why understanding the standard of review is critical for both claimants and the attorneys who represent them. Whether you are handling ERISA claims yourself or referring them out, this episode explains why the standard of review can make or break a case.