United States Seventh Circuit

In an ERISA suit challenging defendant-plan administrator's denial of long term disability benefits, summary judgment for defendants finding that plaintiff was not entitled to disability benefits beyond 24 months is vacated where: 1) plaintiff did not waive an argument that defendant failed to provide a reason why she was not entitled to long-term benefits under an "any occupation" standard; 2) defendant properly deferred making a determination under such standard until an initial claim under the "own occupation" standard was resolved; and 3) thus, the "any occupation" issue must be remanded for a determination in the first instance.

Appellate Information

• Argued 04/14/2008
• Decided 07/24/2008
• Published 07/24/2008

Judges

• FLAUM, Circuit Judge., Before FLAUM, EVANS, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Lee W. Barron (argued), Alton, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Craig G. Penrose (argued), Tressler, Soderstrom, Maloney & Priess, Chicago, IL, for Defendant-Appellee.