"The appeals court stated that, while Reliance's failure to comply with ERISA's procedural requirements could not on its own justify an award of benefits under the LTD policy, it might alter the standard of review... The Ninth Circuit thus directed the district court on remand to determine whether the procedural violation caused Smith substantive harm such that de novo review of Reliance's decision would be appropriate. Absent a finding of substantive harm, the district court should apply an abuse of discretion standard, while according the procedural violation appropriate weight." [Haber v. Reliance Standard Life Ins. Co., No. 14-9566 (C.D. Cal. Aug. 4, 2016)]  MORE >>