United States Eighth Circuit

An agreement for age and disability discrimination charges did not release plaintiff's ability to claim disability retirement benefits. When a plan administrator denies a participant' application for benefits, and the plan's review panel fails to act on the participant's appeal, the administrator's decision is subject to judicial review and is reviewed under a de novo standard.

Appellate Information

• Decided 07/01/2003
• Published 07/01/2003

Judges

• HANSEN, Circuit Judge., Before HANSEN, Chief Judge, LAY and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gregory R. Merz, argued, Minneapolis, MN (John M. Nichols, on the brief), for appellant.


• For Appellees:
  
• Deborah A. Ellingboe, argued, Minneapolis, MN (Steven L. Severson, on the brief), for appellee.