United States Ninth Circuit

In an ERISA case challenging denial of disability benefits, a judgment upholding denial of benefits is affirmed in part and reversed and remanded in part where: 1) the benefits plan included the ability to perform claimant's own, or any other occupation, in its definition of disabled; 2) benefits determination under the plan need not consider the claimant's prior salary or station in life; 3) defendant must reinstate benefits for the time period between improper claim denial and proper determination of disability; and 4) attorney's fees may be available relating to the time period of benefit reinstatement.

Appellate Information

• Argued 06/11/2008
• Decided 09/18/2008
• Published 09/18/2008

Judges

• McKEOWN, Circuit Judge:, Before:  M. MARGARET McKEOWN and RONALD M. GOULD, Circuit Judges, and GEORGE P. SCHIAVELLI, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lisa Counters, Kevin Koelbel, Counters & Koelbel, P.C., Chandler, AZ, for plaintiff-appellant.


• For Appellees:
  
• Michael E. Hensley, Eileen Dennis GilBride, Jones, Skelton & Hochuli, P.L.C., Phoenix, AZ, for defendant-appellee.