United States Sixth Circuit

In an ERISA action against defendant-insurer, the plan administrator for Sears, summary judgment upholding its termination of long-term disability benefits that plaintiff had been receiving on the ground that her condition had improved to the point that she was no longer "totally disabled" is reversed where the record did not support a conclusion that the denial of plaintiff's claim was the result of a deliberative process or that it was based on substantial evidence.

Appellate Information

• Decided 09/01/2006
• Published 09/01/2006

Judges

• Before:  KEITH, MERRITT, and DAUGHTREY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stanley L. Myers, Columbus, Ohio, for Appellant.  C. Scott Lanz, Manchester, Bennett, Powers & Ullman, Youngstown, Ohio, for Appellee.   ON BRIEF:  Stanley L. Myers, Columbus, Ohio, for Appellant.   C. Scott Lanz, Manchester, Bennett, Powers & Ullman, Youngstown, Ohio, for Appellee.