Case Status

2 results

BLACK & DECKER DISAB. PLAN v. NORD, KENNETH L. (35435)

    Order dated: 01/10/03
    Docket number: 02-469
    Action:
        The petitions for writs of certiorari are granted.

BLACK & DECKER DISAB. PLAN v. NORD, KENNETH L. (35435)

    Order dated: 04/18/03
    Docket number: 02-469
    Action:
        The motions of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument are granted.

A description of the questions presented by the case has been prepared:

Whether the Ninth Circuit erred in holding that an ERISA disability plan administrator's determination of disability is subject to the treating physician rule and, therefore, the plan administrator is required to accept a treating physician's opinion of disability as controlling unless the plan administrator rebuts that opinion in writing based upon substantial evidence on the record.

An opinion has been handed down: