ion the allocated to the plan administer. Even though I do believe that this standard does not follow the precedent Brunch set, I personally believe that this standard is the appropriate standard. This is the appropriate standard because the “shift the burden” approach is the only “interpretation” which recognizes that insurance companies or employer administrators are profit-generating entities. As profit-generating entities, these administrators make more money when claims are denied, therefore they have a significant incentive to deny questionable claims. Beneficiaries of these plans are not able to select the benefit plans available to them; therefore they should be given the benefit of the doubt. In order for the participant to receive the benefit of the doubt, courts must allow a closer review when it is apparent that a conflict of interest exists. In my opinion, the “shift the burden” interpretation this is the appropriate standard of review, and it should become the uniform rule throughout all Circuits. IV. Standards that Still Vary from Circuit to Circuita. The Grant of DiscretionAs demonstrated in Jacobs (8th Cir.) and Pratt (10th Cir.), the determination of whether or not the plan language actually conveys discretionary authority to an administrator, is still at the will of each Circuit. Many courts allow a broad statement giving the administrator the power to permit a differential review and to oversee the administration of the plan. See Pratt. Whereas, some courts require a carefully constructed grant of discretion to each element of the administrator’s review. See Jacobs. In Circuits that require specific grants of discretionary authority, like the Sixth Circuit, that grant of discretion should be tailored in line with the ruling in Walker v. Wal-Mart Stores, Inc., 159 F.3d 938 (6th Cir. 1998). Walker, held that a plan’s grant of discretion should read as foll...
