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(5) A statement that the claimant is entitled to receive, upon request <br />and free of charge, reasonable access to, and copies of, all documents, <br />records, and other information relevant to the Claim. <br /> <br />(6) If the denial was based on an internal rule, guideline, protocol, or <br />other similar criterion, the specific rule, guideline, protocol, or criterion will <br />be provided free of charge. If this is not practical, a statement will be <br />included that such a rule, guideline, protocol, or criterion was relied upon <br />in making the denial and a copy will be provided free of charge to the <br />claimant upon request. <br /> <br /> When the Participant receives a denial, the Participant shall have 180 <br />days following receipt of the notification in which to appeal the decision. The <br />Participant may submit written comments, documents, records, and other <br />information relating to the Claim. If the Participant requests, the Participant shall <br />be provided, free of charge, reasonable access to, and copies of, all documents, <br />records, and other information relevant to the Claim. <br /> <br /> The period of time within which a denial on review is required to be made <br />will begin at the time an appeal is filed in accordance with the procedures of the <br />Plan. This timing is without regard to whether all the necessary information <br />accompanies the filing. <br /> <br /> A document, record, or other information shall be considered relevant to a <br />Claim if it: <br /> <br />(1) was relied upon in making the claim determination; <br /> <br />(2) was submitted, considered, or generated in the course of making <br />the claim determination, without regard to whether it was relied upon in <br />making the claim determination; <br /> <br />(3) demonstrated compliance with the administrative processes and <br />safeguards designed to ensure and to verify that claim determinations are <br />made in accordance with Plan documents and Plan provisions have been <br />applied consistently with respect to all claimants; or <br /> <br />(4) constituted a statement of policy or guidance with respect to the <br />Plan concerning the denied claim. <br /> <br /> The review will take into account all comments, documents, records, and <br />other information submitted by the claimant relating to the Claim, without regard <br />to whether such information was submitted or considered in the initial claim <br />determination. The review will not afford deference to the initial denial and will be <br />conducted by a fiduciary of the Plan who is neither the individual who made the <br />adverse determination nor a subordinate of that individual. <br /> <br />20 <br /> <br /> <br />