United States Second Circuit

Where former employee, who was mentally ill, sued benefits plan for judicial review of its denial of her benefits, because the plan did not explicitly set out the time limit for review of a decision, case remanded to determine whether 60-day time limit is enforceable given that such limitation is not mentioned in either the policy or the Summary Plan Description.

Appellate Information

• Argued 11/16/2001
• Decided 04/29/2002
• Published 04/29/2002

Judges

• CARDAMONE, Circuit Judge., Before:  CARDAMONE, LEVAL, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Harry J. Binder, Hauppauge, NY (Randolph Z. Volkell, Binder & Binder, P.C., Hauppauge, NY, of counsel), for Plaintiff-Appellant.


• For Appellees:
  
• Evan L. Gordon, Law Office of Evan L. Gordon, New York, NY, for Defendant-Appellee.