Discretionary Clauses

“Where, as here the administrator of an ERISA plan is imbued with discretion in the interpretation and application of plan provisions, its use of that discretion must be accorded deference.”  Colby v. Union Sec. Ins. Co. & Mgmt. Co. for Merrimack Anesthesia Assocs. Long Term Disability Plan, 705 F.3d 58, 61 (1st Cir. 2013).    “…the plan administrator’s determinations must be ‘reasoned and supported by substantial evidence.’”  Id. at 62 (citation omitted). 

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