Whether or not a plan administrator and/or plan fiduciary of an ERISA governed welfare benefit plan waived the rights to assert provider anti-assignment provisions when plan fiduciaries failed to notify the provider of the anti-assignment provision during the administrative appeals process.

Whether or not a plan administrator is liable for statutory penalties under ERISA co-fiduciary principles if its designated claims fiduciary failed to provide document request, refused to provide the address and/or contact information for the plan admininistrator upon request, and failed to forward the document request to the plan administrator upon request

Whether or not a retroactive assignment of benefit is valid to bring claims for statutory penalties and breaches of fiduciary duty if it was obtained prior to litigation from an provider assignee or party authorized to make ERISA document requests.

Whether or not a claim for statutory penalties pursuant to 29 U.S.C. 1132 (c)(1) for failure to produce documents upon written request is subject to one year statue of limitations under Georgia OCGA § 9-328 or twenty year statue of limiations for aggrieved parties under OCGA 9322.

Whether plan administrator waived anti-assignment provisions, ERISA-co-fiduciary-liability, retroactive-assignment-validity, statutory-penalties-limitations