· 7/24/2009
Helfman v. GE Group Life Assurance Co.
Citations
- 573 F.3d 383
- 47 Employee Benefits Cas. (BNA) 1533
- 2009 U.S. App. LEXIS 16816
- 2009 WL 2191516
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ordering remand to the plan administrator after determining that the record did not “clearly establish[]” that the claimant was entitled to benefits
- remanding to district court when plan decision incorrect but claimant not “dearly entitled to benefits”
- applying Elliot after determining the plan administrator acted arbitrarily and capriciously in terminating the plaintiff’s LTD benefits and deciding to remand to the plan administrator without retroactively reinstating benefits
- remand appropriate where court is unable to say with certainty that claimant is clearly entitled to benefits
- “[W]here an administrator exercises its discretion to conduct a file review, credibility determinations made without the benefit of a physical examination support a conclusion that the decision was arbitrary.”
- “As this court has repeatedly found, however, where an administrator exercises its discretion to conduct a file review, credibility determinations made without the benefit of a physical examination support a conclusion that the decision was arbitrary.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Moore, Gilman, Phillips
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.