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Disgorgement of $3,800,000 Ordered for Failure to Pay $900,000 in Disability Benefits
Robinson + Cole LLP Dec. 15, 2013
"The Sixth Circuit labeled this case a 'logical extension of the Hill exception to Varity ... because Section 502(a)(1)(B) cannot provide all the relief Rochow seeks.' Of course, the issue under Varity is not what relief the plaintiff seeks, but what relief is adequate. It is hard to imagine how an award of benefits plus interest is not adequate. The court was untroubled by the fact that the additional relief Rochow sought was more money in his pocket for the denial of his claim (rather than a plan-wide injunction against a claim processing technique).... Rochow plainly had a single injury: the improper denial of his disability claim."
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