United States Fourth Circuit

In ERISA suit to recover benefits due under disability insurance plan, denial of motion to dismiss and finding that defendant's denial of disability benefits was an abuse of discretion are affirmed as: 1) ERISA's remedies framework does not permit a disability plan to start the clock on a claimant's cause of action before the claimant may file suit; and 2) defendant erred in denying plaintiff disability benefits.

Appellate Information

• Argued 12/01/2006
• Decided 04/26/2007
• Published 04/26/2007

Judges

• Before WILKINS, Chief Judge, WILKINSON, Circuit Judge, and Henry F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mark Eugene Schmidtke, Schmidtke Hoeppner Consultants, L.L.P., Valparaiso, Indiana, for Appellant.  Charles McBrayer Sasser, Charlotte, North Carolina, for Appellee.   ON BRIEF:  Anuja G. Purohit, Poyner & Spruill, Raleigh, North Carolina, for Appellant.  Thomas L. Hudson, Osborn Maledon, P.A., Phoenix, Arizona, for Appellee.