United States Fifth Circuit

On an ERISA plan administrator's appeal from awards of disability benefits and attorney's fees to an insured, where there was overwhelming medical evidence the insured was unable to perform at least one of the material duties of her occupation, and a complete absence of any "concrete evidence" supporting the plan-s determination that the insured was not disabled, the plan administrator abused its discretion in denying benefits, and the district court-s award of attorney-s fees to the insured under 29 U.S.C. - 1132(g)(1) was not an abuse of discretion.

Appellate Information

• Decided 01/29/2002
• Published 01/29/2002

Judges

• CARL E. STEWART, Circuit Judge:, Before BARKSDALE and STEWART, Circuit Judges, and ROSENTHAL, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Paul D. Clote (argued), Houston, TX, for Plaintiff-Appellee., Douglas Kent Butler (argued), Figari, Davenport & Graves, Dallas, TX, for Defendant-Appellant.