United States Fourth Circuit

Plaintiff did not quit work on December 2, 1999, when he originally claimed to be disabled, nor does the plan require a quit date to serve as the disability determination date. Defendant abused its discretion by refusing to consider evidence that plaintiff may have been disabled as of August 2000, while still an employee.

Appellate Information

• Decided 02/10/2004
• Published 02/10/2004

Judges

• Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Charles Hardenbergh Osterhoudt, Osterhoudt, Prillaman, Natt, Helscher, Yost, Maxwell & Ferguson, P.L.C., Roanoke, Virginia;  Craig Patrick Tiller, Davidson, Sakolosky, Moseley & Tiller, P.C., Lynchburg, Virginia, for Appellant.  Eric Wagner Schwartz, Troutman Sanders, L.L.P., Virginia Beach, Virginia, for Appellee.   ON BRIEF:  John C. Lynch, Troutman Sanders, L.L.P., Virginia Beach, Virginia, for Appellee.