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Eighth Cir.: Failure of Plan to Act on Claimant's Appeal of Disability Denial Produces De Novo Review (PDF)
U.S. Court of Appeals for the Eighth Circuit via FindLaw
[Opinion] July 7, 2003 Excerpt: We have previously held that a review panel's failure to act on an appeal does not raise the standard of review from abuse of discretion to de novo unless its failure raises serious doubts about the result reached by the plan administrator.... [But] the instant case differs from [that precedent because this claimant] submitted much more medical evidence in connection with his appeal ... than he attached to his initial application for disability retirement benefits[.] [Seman v. FMC Corp. Retirement Plan for Hourly Employees, No. 02-1883 (8th Cir. Jul. 1, 2003)] MORE >> |
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