Department of Labor Guidance on Disclosure of Audio Recordings Under ERISA Claims Procedures

This document is an information letter from the U.S. Department of Labor's Employee Benefits Security Administration providing guidance on whether ERISA's claims procedure requirements, under section 503 and the Department's implementing regulation at 29 CFR 2560.503-1, require a plan to provide, upon a claimant's request, a copy of an audio recording and transcript of a telephone conversation between the claimant and a plan representative relating to an adverse benefit determination. The letter concludes that such recordings would be considered "relevant" information that must be disclosed under the claims procedure regulation.