United States First Circuit

In a dispute involving the denial of disability benefits, district court judgment is vacated and remanded where for the district court to obtain more information and reevaluate in in light of the Supreme Court's subsequent decision in Glenn. The standard of judicial review for the matter is reaffirmed as the existing abuse of discretion standard.

Appellate Information

• Decided 05/06/2009
• Published 05/06/2009

Judges

• SELYA, Circuit Judge., Before LIPEZ, SELYA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jonathan M. Feigenbaum, with whom Phillips & Angley was on brief, for appellant., Jay E. Sushelsky and Melvin R. Radowitz, on brief for AARP, amicus curiae., Mala M. Rafik and Rosenfeld & Rafik, P.C., on brief for Massachusetts Employment Lawyers Association, amicus curiae., Richard Johnston, on brief for Health Administration Responsibility Project, amicus curiae., Lisa Tate, Teresa L. Jakubowski, Mark J. Crandley, and Barnes & Thornburg, LLP, on brief for American Council of Life Insurers, amicus curiae.


• For Appellees:
  
• Andrew C. Pickett, with whom Matthew D. Freeman, Ashley B. Abel, and Jackson Lewis LLP were on brief, for appellee.