United States Fifth Circuit

In an ERISA action seeking continued disability benefits under defendant's disability plan, summary judgment for defendant is affirmed where: 1) plaintiff received a full and fair review of the specific grounds upon which her benefit claim was initially denied; and 2) the medical evidence in the record indicated not only that defendant hypothetically could maintain employment, but rather, her medical records demonstrated that at the time of defendant's initial decision, plaintiff was maintaining gainful employment.

Appellate Information

• Decided 12/17/2009
• Published 12/17/2009

Judges

• BENAVIDES, Circuit Judge:, Before BENAVIDES, DENNIS and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Lonnie Roach, Bemis, Roach & Reed, Austin, TX, for Cooper.


• For Appellees:
  
• Lonie A. Hassel, Julia Elizabeth Zuckerman, Groom Law Group, Chartered, Washington, DC, for Defendant-Appellee.