United States Tenth Circuit

In the context of ERISA-governed plans, 29 C.F.R. section 2560.503-1(h)(2)(iii) does not require a plan administrator to provide a claimant with access to the medical opinion reports of appeal-level reviewers prior to a final decision on appeal. Instead, relevant documents generated or relied upon during the initial claims determination must be disclosed prior to or at the outset of an administrative appeal. Also, relevant documents generated during the administrative appeal, along with the claimant's file from the initial determination, must be disclosed after a final decision on appeal.

Appellate Information

• Decided 02/21/2007
• Published 02/22/2007

Judges

• LUCERO, Circuit Judge., Before LUCERO, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and EBEL, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jack R. Shelton, Wichita, KS, for the Plaintiff-Appellant.


• For Appellees:
  
• Morris J. Nunn, Stinson, Morrison, & Hecker, Kansas City, MO, for the Defendant-Appellee.