United States Third Circuit

Plaintiff successfully claimed that she was wrongly denied long-term disability benefits under ERISA, because though she was treated for symptoms, she was not diagnosed with multiple sclerosis until after the plan took effect and therefore her MS was not a previously existing condition.

Appellate Information

• Argued 01/12/2004
• Decided 06/22/2004
• Published 06/22/2004

Judges

• Before ALITO, CHERTOFF, and BECKER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Barry L. Gross (Argued), Stief, Waite, Gross, Sagoskin & Gilman, Newtown, for Appellant.


• For Appellees:
  
• Brian P. Downey (Argued), Pepper Hamilton, LLP, Harrisburg, for Appellee Hartford Life & Accident Insurance Company., Lawrence M. Kelly, Mintzer, Sarowitz, Zeris, Ledva & Meyers, Philadelphia, for Appellee Valley Media Inc.