United States Eleventh Circuit

In an appeal invoking an issue under ERISA as to when medical reports relied on by a plan administrator during the review of a denial of benefits must be produced to the claimant for her to receive a "full and fair review", summary judgment for plan administrator is affirmed where: 1) the pertinent federal regulations did not require plan administrator to produce the medical reports requested by plaintiff during the pendency of the review; 2) the district court applied the correct legal standard of review; and 3) the decision by plan administrator to deny plaintiff's application for benefits was right.

Appellate Information

• Decided 04/21/2008
• Published 04/21/2008

Judges

• PRYOR, Circuit Judge:, Before BIRCH, PRYOR and KRAVITCH, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Maggie M. Smith, Dell & Schaefer, Hollywood, FL, Danielle Leigh Rosen, Wager, Feit, P.A., Miami, FL, for Glazer.


• For Appellees:
  
• Joshua Bachrach, Rawle & Henderson, LLP, Philadelphia, PA, Gene D. Lipscher, Lipscher & Reynolds, Palm Beach, FL, for Defendant-Appellee.