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Addition of Recertification Requirement in Group Disability Did Not Apply to Already-Disabled Participant
The Pension Protection Act Blog 
Oct. 17, 2007
Excerpt: One of the provisions added in the 2002 restated plan was for a 2-year recertification by Albertson's Medical Review Committee. In 2003, [the participant's] LTD benefits were discontinued when, as part of the 2-year recertification, the Medical Review Committee decided that she no longer met the plan's definition of Total Disability.... The 9th Circuit affirmed the district court's decision to reverse Albertson's decision to terminate Shane's benefits[.]
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