United States Fifth Circuit

In a suit over the denial of short-term disability benefits, summary judgment for defendant is affirmed where: 1) the district court properly applied the abuse of discretion standard in evaluating the plan administrator's decision; 2) procedural irregularities in the processing of plaintiff's claim did not change the appropriate standard of review; 3) the plan fulfilled the requirements of Section 1133 and accompanying regulations in its processing of plaintiff's claim; and 4) there was substantial evidence in the record to support the administrator's decision to deny benefits.

Appellate Information

• Decided 07/20/2007
• Published 07/20/2007

Judges

• DENNIS, Circuit Judge:, Before JOLLY, HIGGINBOTHAM and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Blair B. Brininger (argued), Houston, TX, for Wade.


• For Appellees:
  
• Linda Ottinger Headley (argued), Danielle Kujawa Herring, Littler Mendelson, Houston, TX, for Defendant-Appellee.