31 pages. Excerpt: [W]here, according to plan and regulatory language, a claim is "deemed ... denied" on review after the expiration of a given time period, there is no opportunity for the exercise of discretion and the denial is usually to be reviewed de novo. While deference may be due to a plan administrator that is engaged in a good faith attempt to comply with its deadlines when they lapse, this is not such a case. [Jebian v. Hewlett-Packard Co. Employee Benefits Organization Income Protection Plan, No. 00-56988 (9th Cir. Nov. 25, 2003)]  MORE >>