United States Ninth Circuit

In an ERISA action arising from defendant-plan administrator's termination of her long-term disability benefits, denial of relief for plaintiff is vacated and remanded where: 1) the district court applied the wrong legal standard in reviewing the plan administrator's determination that plaintiff is not disabled; and 2) the plan administrator's procedures and its rationales required reconsideration, and plaintiff was entitled to an opportunity to present evidence regarding an issue that was newly raised by defendant in its final denial letter.

Appellate Information

• Argued 08/10/2007
• Decided 01/09/2008
• Published 01/09/2008

Judges

• KOZINSKI, Chief Judge:, Before: ALEX KOZINSKI, Chief Judge, JOHNNIE B. RAWLINSON, Circuit Judge and MIRIAM GOLDMAN CEDARBAUM, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Cassie Springer-Sullivan, Lewis, Feinberg, Lee, Renaker & Jackson, P.C., Oakland, CA; and Charles J. Fleishman, Beverly Hills, CA, for the plaintiff-appellant.


• For Appellees:
  
• Yuliya I. LaRoe and Eric R. McDonough, Seyfarth Shaw LLP, Los Angeles, CA, for the defendant-appellee.