"The August 2023 opinion states that the court had never remanded an ERISA case for reprocessing unless the claimant had shown both that the plan had applied an incorrect standard and that the claimant could be entitled to benefits under the correct standard. However, the Wit plaintiffs' claim was purely about the 'process' and not about the result.... As to plaintiffs' contention that reprocessing was a permissible remedy under the 'catchall' equitable provision of Section 1132(a)(3), the court held again that plaintiffs failed to show that reprocessing was the type of equitable remedy traditionally available before the merger of law and equity." [Wit v. United Behavioral Health, Nos. 20-17363 and 21-15193 (9th Cir. Aug. 22, 2023)]

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