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Ninth Circuit: Deemed Denial of Plaintiff's Claim for Benefits Yields De Novo Standard of Review (PDF)
U.S. Court of Appeals for the Ninth Circuit via FindLaw [Opinion] Dec. 2, 2003 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)] |
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