Michael Adams Looks at “Meaningful Dialogue” Standard for Communicating a Denial of Benefits
Byline featured in DRI For the Defense Magazine
In The News | 1 min read
Apr 3, 2026
Hinshaw partner Michael Adams authored an article featured in the March issue of the DRI’s For The Defense Magazine, in which he examines the fiduciary duty of an employee benefit plan or its administrator to communicate a denial of benefits consistent with ERISA’s requirements.
Michael notes that courts are increasingly overturning otherwise substantively correct benefit denials because the plan administrator failed to provide a full and fair review of the denial through “meaningful dialogue” with the claimant.
His article consists of four parts. First, he outlines the ERISA’s full-and-fair-review requirement, which gives rise to the “meaningful dialogue” standard. Second, he examines how recent decisions, in particular DK v United Behavioral Health, 67 F. 4th 1224 (10th Cir. 2023), cert. denied 144 S. Ct. 808 (2024), have interpreted the “meaningful dialogue” standard when evaluating whether denial notices comply with ERISA. Third, Michael assesses whether DK and similar cases represent as dramatic a shift as some commentators have suggested. Finally, he offers practical tips to plan administrators for drafting denial notices that satisfy ERISA’s requirements, in light of recent court decisions.
Related People
Featured Insights

Event
July 13-15, 2026
Hinshaw Proudly Sponsors 2026 Lavender Law Conference and Career Fair

Healthcare Alert
Jul 8, 2026
A New Era of Compliance Standards for California DSOs and MSOs After the Aspen Dental Settlement

Insights for Insurers Alert
Jul 7, 2026
What Insurers Need to Know About California’s FAIR Plan Assessment Recoupment Guidance

In The News
Jul 6, 2026
Francesco Palanda’s Practical Guide for Mitigating AI-Related Business Interruption Risk

Lawyers' Lawyer Newsletter
Jun 29, 2026
Beyond Malpractice: The Rising Threat of Privacy and Statutory Claims Against Lawyers

In The News
Jun 26, 2026
Brian McGrath Discusses Far-Reaching Impact of a NY Foreclosure Ruling on Mortgage Industry

In The News
Jun 26, 2026
Jason Oliveri Discusses AI Companions in Elder Care and the Risks for LGBTQ+ Residents

Event
June 25-26, 2026
Todd Young Speaks on Importance of Financial Literacy to ESOP Culture




