United States Second Circuit

District Court judgment dismissing plaintiff's challenge to her ERISA plan administrator's denial of her claim for long-term disability benefits is affirmed where: 1) defendant acted within its discretion in denying long term disability benefits to plaintiff as its decision was supported by substantial evidence and was not arbitrary and capricious; and 2) defendant fully and fairly reviewed plaintiff's benefits claim by reasonably taking up each and every aspect of the claim, and plaintiff's arguments disputing the full and fair review were without merit.

Appellate Information

• Decided 07/29/2009
• Published 07/29/2009

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before:  JOHN M. WALKER, JR, B.D. PARKER, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jason A. Newfield,(Justin C. Frankel, on the brief), Frankel & Newfield, P.C., Garden City, N.Y., for Plaintiff-Appellant.


• For Appellees:
  
• Allan M. Marcus, Lester Schwab Katz & Dwyer, LLP, New York, N.Y., for Defendant-Appellee.