United States Tenth Circuit

Summary judgment for plaintiff on her claim for disability benefits under the Employee Retirement Income Security Act (ERISA) is reversed and remanded for further consideration by a plan administrator where it failed to consider certain relevant evidence, and it was unclear that it was unreasonable for the plan to deny plaintiff benefits.

Appellate Information

• Decided 06/22/2006
• Published 06/22/2006

Judges

• KELLY, Circuit Judge., Before KELLY, SEYMOUR, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Carmen S. Danielson (and Peter C. Dietze, on the brief), Dietze and Davis, P.C., Boulder, CO, for Plaintiff-Appellee., Steven J. Merker, (Van Aaron Hughes and Jason L. Johnson, with him on the briefs), Dorsey & Whitney, L.L.P., Denver, CO, for Defendants-Appellants U.S. Bancorp and U.S. Bank Long Term Disability Plan.