McQuillin v. Hartford Life and Accident Insurance Co. 1 In the

21-1514
McQuillin v. Hartford Life and Accident Insurance Co.
1
In the 2
United States Court of Appeals 3
For the Second Circuit 4
________ 5
6
A UGUST TERM 2021 7
8
A RGUED: MAY 5, 2022 9
D ECIDED: JUNE 7, 2022 10
11
No. 21-1514 12
13
JOHN MCQ UILLIN, 14
Plaintiff-Appellant, 15
16
v. 17
18
H ARTFORD L IFE AND A CCIDENT INSURANCE C O ., 19
Defendant-Appellee, 20
________ 21
22
Appeal from the United States District Court 23
for the Eastern District of New York. 24
________ 25
26
Before: WALKER , C ALABRESI, and C ABRANES , Circuit Judges. 27
________ 28
John McQuillin appeals from the dismissal in the Eastern 29
District of New York (Joanna Seybert, J.) of his lawsuit seeking long- 30
term disability benefits under the Employee Retirement Income 31
Security Act of 1974 from Hartford Life and Accident Insurance 32
Company. The suit was dismissed because the district court 33
concluded that McQuillin had failed to exhaust his disability plan’s 34

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2 No. 21-1514
administrative remedies. McQuillin asserts that his administrative 1
remedies should have been deemed exhausted because Hartford, in 2
violation of the applicable ERISA regulation, failed to provide a final 3
decision on his benefits within 45 days of his administrative appeal. 4
For the reasons that follow, we agree with McQuillin, REVERSE the 5
district court, and REMAND for further proceedings. 6
________ 7
8
JOHN D EH AAN, The DeHaan Law Firm P.C., 9
Hauppauge, NY (Jeffrey Delott, Law Offices of 10
Jeffrey Delott, Jericho, NY, on the brief), for Plaintiff- 11
Appellant John McQuillin. 12
PATRICK W. B EGOS (Linda L. Morkan, on the brief), 13
Robinson & Cole LLP, Stamford, CT, for Defendant- 14
Appellee Hartford Life and Accident Insurance Co. 15
Jeffrey Hahn, Counsel for Litigation, Stephen 16
Silverman, Senior Trial Attorney, Marcia Bove, 17
Senior Trial Attorney, on the brief for G. William 18
Scott, Associate Solicitor for Plan Benefits Security, 19
Seema Nanda, Solicitor of Labor, U.S. Department 20
of Labor, Washington, DC, for amicus curiae U.S. 21
Secretary of Labor. 22
Mark E. Schmidtke, Byrne J. Decker, on the brief, 23
Ogletree, Deakins, Nash, Smoak & Stewart, P.C., 24
Valparaiso, IN and Portland, ME, for amicus curiae 25
American Council of Life Insurers. 26
________ 27
JOHN M. WALKER , JR ., Circuit Judge: 28
John McQuillin appeals from the dismissal in the Eastern 29
District of New York (Joanna Seybert, J.) of his lawsuit seeking long- 30
term disability benefits under the Employee Retirement Income 31

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3 No. 21-1514
Security Act of 1974 (ERISA) from Hartford Life and Accident 1
Insurance Company (Hartford). The suit was dismissed because the 2
district court concluded that McQuillin had failed to exhaust his 3
disability plan’s administrative remedies. McQuillin asserts that his 4
administrative remedies should have been deemed exhausted 5
because Hartford, in violation of the applicable ERISA regulation, 6
failed to provide a final decision on his benefits within 45 days of his 7
administrative appeal. For the reasons that follow, we agree with 8
McQuillin, REVERSE the district court, and REMAND for further 9
proceedings. 10
BACKGROUND 11
I. The Initial Denial 12
In September 2019, Appellant McQuillin, suffering side effects 13
from prostate cancer treatment, applied for long-term disability 14
benefits. McQuillin’s claim was reviewed by Appellee Hartford, 15
which administered the disability plan for his prior employer, Wright 16
Medical Technology. 17
Hartford denied McQuillin’s claim in a letter dated October 25, 18
2019, “based on the fact that [Hartford] didn’t have enough proof of 19
loss to evaluate [his] disability” and that it was missing certain 20
medical records “necessary to make a decision on [McQuillin’s] 21
claim.”1 The letter stated that McQuillin could appeal the decision 22
and correctly informed him that ERISA required Hartford to provide 23
a “final decision” within 45 days of the appeal, a period that Hartford 24
could extend with prior written notice.2 The letter also informed him 25
that if he disagreed with the decision on administrative appeal, he 26
1 App. 209.
2 Id. at 210.

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4 No. 21-1514
could file a lawsuit. In response, McQuillin filed the administrative 1
appeal with additional evidence on April 11, 2020. 2
II. The Appeal 3
The administrative appeal was governed by 29 C.F.R. 4
§ 2560.503-1, which was promulgated by the Department of Labor 5
pursuant to ERISA, and which “sets forth minimum requirements” 6
for the review of disability claims.3 Among other things, disability 7
plans must give claimants “a reasonable opportunity to appeal an 8
adverse benefit determination.”4 The review must take “into account 9
all . . . information submitted by the claimant . . ., without regard to 10
whether such information was . . . considered in the initial benefit 11
determination.”5 The administrator must also provide the claimant 12
with “any new . . . evidence” or “rationale” it is considering as the 13
basis for denying benefits.6 The plan administrator must inform the 14
claimant of its “benefit determination on review” within 45 days, 15
unless “special circumstances” require a 45-day extension.7 If an 16
extension is needed because the claimant has not provided necessary 17
information, then the period for making the benefit determination 18
will be tolled until the claimant does so.8 19
On April 23, 2020, twelve days after McQuillin filed his appeal, 20
Hartford responded with a letter saying that it had “completed [its] 21
3 29 C.F.R. § 2560.503-1(a).
4 Id. § 2560.503-1(h)(1). An “adverse benefit determination” is defined
as “[a] denial, reduction, or termination of, or a failure to provide or make
payment (in whole or in part) for, a benefit.” Id. § 2560.503-1 (m)(4).
5 Id. § 2560.503-1(h)(2)(iv).
6 Id. § 2560.503-1(h)(4)(i)-(ii).
7 Id. § 2560.503-1(i)(1)(i), (3)(i).
8 See id. § 2560.503-1(i)(4).

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5 No. 21-1514
review of the appeal” and the additional evidence, that it had 1
“overturned the original decision to deny [the claim],” and that it had 2
“forwarded [the claim] to the claim department . . . to determine if 3
[d]isability is supported.”9 The letter cautioned, however, that 4
payment was not guaranteed. The claims department would review 5
the information, determine if McQuillin was disabled, and render a 6
new decision. 7
III. The Lawsuit 8
On May 27, 2020, 46 days after filing his appeal, McQuillin sued 9
Hartford in the Eastern District of New York. In July, with the federal 10
litigation underway, Hartford again denied McQuillin’s benefits 11
claim, this time finding that he did not qualify as disabled. This denial 12
letter contained essentially the same appeal information as the initial 13
denial letter. 14
In May 2021, the district court accepted a magistrate judge’s 15
recommendation to dismiss McQuillin’s suit on the basis that he had 16
failed to exhaust his plan remedies because his claim was still under 17
review by Hartford when he filed suit. McQuillin timely appealed, 18
and the Secretary of Labor and the American Council of Life Insurers 19
filed opposing amicus briefs in support of McQuillin and Hartford, 20
respectively. 21
DISCUSSION 22
On appeal, McQuillin argues that the district court improperly 23
dismissed his complaint. We review a district court’s dismissal of 24
ERISA claims for failure to exhaust plan remedies de novo.10 25
9 App. 214.
10 Eastman Kodak Co. v. STWB, Inc., 452 F.3d 215, 219 (2d Cir. 2006).

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6 No. 21-1514
Under ERISA, a claimant may sue in federal court for benefits 1
due to him under his disability plan.11 But first a claimant must 2
exhaust his plan’s internal remedies.12 A plan’s remedies are deemed 3
exhausted if the plan administrator does not “strictly adhere” to 4
§ 503-1’s requirements.13 McQuillin asserts that, because Hartford 5
did not provide a “benefit determination on review” within the 45- 6
day window required by § 503-1(i)(3)(i), his administrative remedies 7
should be deemed exhausted. Although Hartford’s April 23 letter 8
“overturned” the original decision and “forwarded” his claim to the 9
claims department for further consideration,14 McQuillin maintains 10
that the letter failed to render a “benefit determination.” Thus, 11
because Hartford did not strictly adhere to the rule’s requirements, 12
McQuillin’s remedies were deemed exhausted such that he was free 13
to bring suit in district court. Hartford responds that its April letter 14
was a timely benefit determination on review because such a 15
determination need only resolve the issue appealed, not the entire 16
benefits claim. 17
The dispositive question in this appeal is whether a valid 18
benefit determination on review must determine whether a claimant 19
11 See 29 U.S.C. § 1132.
12 See Halo v. Yale Health Plan, 819 F.3d 42, 55 (2d Cir. 2016).
13 29 C.F.R. § 2560.503-1(l)(2)(i) (“In the case of a claim for disability
benefits, if the plan fails to strictly adhere to all the requirements of this
section with respect to a claim, the claimant is deemed to have exhausted
the administrative remedies available under the plan . . . . Accordingly, the
claimant is entitled to pursue any available remedies under section 502(a)
of the Act on the basis that the plan has failed to provide a reasonable claims
procedure that would yield a decision on the merits of the claim.”).
14 App. 214.

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7 No. 21-1514
is entitled to benefits.15 Based on the regulation’s plain language, 1
structure, and purpose, we hold that it must.16 We further hold that, 2
because Hartford did not extend the benefit determination period, 3
McQuillin’s duty to exhaust had ceased by the 46th day, the day he 4
filed his federal case. Thus, the district court erred in dismissing 5
McQuillin’s suit. 6
Resolving the issue in dispute requires careful interpretation of 7
the regulation.17 In performing this analysis, we consider the “text, 8
structure, history, and purpose of [the] regulation.”18 We turn first to 9
the regulation’s text. 10
I. Section 503-1’s Text 11
The text plainly supports McQuillin’s reading of the regulation. 12
Section 503-1 states that “[t]he plan administrator shall provide a 13
15 McQuillin raises other arguments in his brief that we need not
address.
16 Our interpretation of the regulation largely accords with that
advanced by the Secretary of Labor’s amicus brief. See generally Sec’y Br. 14-
28. Because the regulation is not ambiguous, however, we do not defer to
the Secretary under Auer v. Robbins, 519 U.S. 452 (1997). See Kisor v. Wilkie,
139 S. Ct. 2400, 2414 (2019) (cautioning that courts should exercise Auer
deference only when regulations are “genuinely ambiguous, even after a
court has resorted to all the standard tools of interpretation”).
17 The parties have not cited any caselaw on point, and we have found
none. Hartford cites a district court decision, which we affirmed,
upholding a claim denial after an appeal was remanded to the defendant’s
claim department. Mayer v. Ringler Assocs. Inc. & Affiliates Long Term
Disability Plan, No. 18 CV 2789 (VB), 2020 WL 1467374 (S.D.N.Y. Mar. 26,
2020), aff’d 9 F.4th 78 (2d Cir. 2021). But, as Hartford concedes, the parties
in that case did not dispute the validity of the remand, and the reviewing
courts did not express a view on the issue.
18 Kisor, 139 S. Ct. at 2415.

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8 No. 21-1514
claimant with . . . notification of a plan’s benefit determination on 1
review” within 45 days.19 The regulation does not separately define 2
“benefit determination,” but its meaning is clear. A plan must 3
provide an appealing claimant not just with a “determination,” or an 4
“appeal determination,” but with a “benefit determination.”20 It is the 5
claimant’s benefits that the administrator has 45 days to decide, not 6
only the appeal or some other aspect of the claim. 7
The use of the word “determination” further underscores that 8
the administrator must comprehensively resolve the claim. Merriam- 9
Webster’s Collegiate Dictionary first defines the word as “a judicial 10
decision settling and ending a controversy.”21 Similarly, Black’s Law 11
Dictionary first defines the word as “[t]he act of deciding something 12
officially; esp., a final decision by a court or administrative agency.”22 13
Of course, these two definitions are not exhaustive. As Hartford 14
points out, the Collegiate Dictionary’s second entry is “the resolving of 15
a question by argument or reasoning.”23 Still, “determination” 16
unmistakably suggests finality. The word choice thus reinforces the 17
regulation’s natural reading that the review must determine the 18
claimant’s benefits, finally resolving the claim. 19
Hartford’s own usage supports this reading. In its letters to 20
McQuillin describing the appeal process, Hartford stated that ERISA 21
required it “to make a final decision no more than 45 days after” receipt 22
19 29 C.F.R. § 2560.503-1(i), (j).
20 Id. § 2560.503-1(i)(1)(i) (emphasis added).
21 Determination, Merriam-Webster’s Collegiate Dictionary (11th ed.
2007).
22 Determination, Black’s Law Dictionary (11th ed. 2019).
23 Determination, Merriam-Webster’s Collegiate Dictionary (11th ed.
2007).

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9 No. 21-1514
of the appeal.24 Thus, when addressing a lay plan participant, 1
Hartford substituted “benefit determination on review” with “final 2
decision,” implicitly acknowledging that the determination had to be 3
a final denial or grant of benefits. 4
Hartford argues that “determination” does not imply finality 5
because § 503-1 uses the phrase “adverse benefit determination” to 6
“refer to decisions that require further administrative review.”25 But 7
while the regulation does refer to adverse determinations on both 8
initial and appellate review, the former do not “require” 9
administrative review if the claimant chooses not to appeal. 10
Hartford’s strongest textual argument is what the regulation 11
does not say. The regulation expressly defines an “adverse benefit 12
determination” and provides detailed instructions on the form and 13
content of the notice required for such an “adverse” decision, but the 14
regulation does not describe notice requirements for other, non- 15
adverse outcomes.26 Given that the regulation “sets forth minimum 16
requirements,”27 Hartford argues that it had the flexibility to issue a 17
benefit determination on review that did not determine whether 18
McQuillin was entitled to benefits but instead remanded the question 19
for further internal consideration. This argument, however, reads the 20
word “benefit” out of the phrase “benefit determination on review.” 21
An outcome that does not determine benefits cannot be a “benefit 22
determination.” The term is not ambiguous simply because the 23
regulation defines other terms in more detail. 24
24 App. 102, 210 (emphasis added).
25 Appellee Br. 31.
26 See 29 C.F.R. § 2560.503-1(j), (m)(4).
27 Id. § 2560.503-1(a).

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10 No. 21-1514
Whatever Hartford’s April 23rd letter did, it plainly did not 1
“determine” McQuillin’s “benefits.” The letter itself made that clear, 2
warning McQuillin that “the decision to reverse the prior [decision] 3
due to proof of loss does not guarantee payment of benefits.”28 The 4
text of the regulation thus supports McQuillin’s argument that he did 5
not receive a timely benefit determination on review. 6
II. Section 503-1’s Structure 7
Section 503-1’s structure supports its plain meaning. The 8
regulation’s appeal process is clearly intended to result in a final 9
determination of benefits. The administrator handling the appeal 10
must “take[] into account” any evidence “relating to the claim” 11
whether or not it “was submitted or considered in the initial benefit 12
determination.”29 The administrator may rely on new evidence or 13
rationales to deny the claim so long as the claimant is given notice and 14
an opportunity to respond.30 In evaluating the available evidence and 15
reasoning, the administrator cannot “afford deference” to the initial 16
claim decision.31 This scope and method of review is consistent with 17
an appeals process that determines benefits conclusively, not one that 18
narrowly corrects certain errors and then remands for further 19
consideration. 20
This appellate review is bound by strict time limits. The 21
administrator must reach a determination within 45 days, or 90 days 22
following an extension for “special circumstances.”32 This latter limit, 23
28 App. 214.
29 29 C.F.R. § 2560.503-1(h)(2)(iv).
30 Id. § 2560.503-1(h)(4)(i)-(ii).
31 Id. § 2560.503-1(h)(3)(ii).
32 Id. § 2560.503-1(i)(1)(i), (3)(i).

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11 No. 21-1514
meanwhile, can be tolled only if the claimant has not submitted the 1
“information necessary to decide [the] claim.”33 Thus, § 503-1 2
protects the administrator from the claimant’s delays (provided the 3
administrator has already sought an extension) but otherwise firmly 4
limits the appeal’s duration, ensuring the timely resolution of claims. 5
If a remand qualified as a benefit determination on review, as 6
Hartford suggests, plans could render the 45-day limit meaningless. 7
Whenever pressed for time, or seeking to delay, administrators could 8
simply remand the case to their claims departments to consider or 9
reconsider evidence or issues. In theory, Hartford’s reading of the 10
regulation would allow for multiple remands, delaying resolution 11
indefinitely.34 12
In response, Hartford emphasizes that the regulation requires 13
disability plans to “strictly adhere” to its provisions.35 Strict 14
adherence, Hartford argues, implies explicit requirements.36 Thus, it 15
cannot be expected to anticipate further unspecified requirements in 16
the regulation. 17
But, as we have discussed, § 503-1 explicitly required Hartford 18
to provide a benefit determination. And the text is reinforced by the 19
rule’s structure, which assumes a final decision on appeal. That 20
Hartford acted in a way not anticipated by the regulation does not 21
33 Id. § 2560.503-1(i)(4).
34 Cf. Gilbertson v. Allied Signal, Inc., 328 F.3d 625, 636 (10th Cir. 2003) (“It
would be manifestly unfair to claimants if plan administrators could extend
the process indefinitely by continually requesting additional
information.”).
35 29 C.F.R. § 2560.503-1(l)(2)(i).
36 See Marino Indus. Corp. v. Chase Manhattan Bank, N.A., 686 F.2d 112, 115
(2d Cir. 1982) (“The corollary to the rule of strict compliance is that the
requirements in letters of credit must be explicit.”).

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12 No. 21-1514
excuse its failure to comply with the rule’s requirements. As with the 1
text, the regulation’s structure supports McQuillin’s reading. 2
III. Section 503-1’s History and Purpose 3
Finally, we briefly consider the regulation’s history and 4
purpose. ERISA serves dual purposes: “‘ensuring fair and prompt 5
enforcement of rights under a plan and the encouragement and 6
creation of such plans.’”37 The law represents “a careful balancing” 7
between these two interests.38 In balancing them, the Department of 8
Labor has made clear that § 503-1 is intended to prevent plans from 9
“impos[ing] an unlimited number of levels of administrative appeals 10
of denied claims.”39 We therefore cannot adopt Hartford’s 11
interpretation of the rule, which frustrates that purpose. 12
Hartford argues that its view is in keeping with the regulation’s 13
purpose because it gives administrators flexibility in managing their 14
plans. The Department of Labor is cognizant that administrators need 15
flexibility in administering plans. The Department noted in an FAQ 16
that the regulation is “intended to preserve the greatest flexibility 17
possible for designing and operating claims processing systems 18
consistent with the prudent administration of a plan.”40 But this 19
37 Halo, 819 F.3d at 55 (quoting Fifth Third Bancorp v. Dudenhoeffer, 573
U.S. 409, 424 (2014)); see id. at 52 (noting that in regulatory interpretation,
we consider both the regulation’s purpose and that of the authorizing
statute).
38 Id. at 55 (quotation marks omitted).
39 See Employee Retirement Income Security Act of 1974; Rules and
Regulations for Administration and Enforcement; Claims Procedure, 65
Fed. Reg. 70,246, 70,253 (Nov. 21, 2000) (preamble).
40 Dep’t of Labor, Benefit Claims Procedure Regulation FAQs, at B-4,
https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-
center/faqs/benefit-claims-procedure-regulation.

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13 No. 21-1514
general interpretive gloss does not outweigh the regulation’s stated 1
purpose, reinforced by its text and structure, of limiting the number 2
of appeals a claimant must pursue. 3
Section 503-1’s text, structure, history, and purpose are fully 4
consistent. A “benefit determination on review” must finally decide 5
the claimant’s benefits within 45 days, assuming the absence of 6
special circumstances that require an extension. By the 46th day after 7
his appeal, Hartford had not determined McQuillin’s benefits nor 8
extended its review time. So, McQuillin was deemed to have 9
exhausted his plan remedies and could bring suit in federal court. 10
Thus, the district court erred in dismissing his suit. 11
CONCLUSION 12
For the foregoing reasons, we REVERSE the judgment of the 13
district court and REMAND the case for proceedings consistent with 14
this opinion. 15

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