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Claimant Not Provided With ‘Meaningful Opportunity’ To Submit Evidence, Panel Says

Mealey's (August 2, 2016, 1:28 PM EDT) -- PORTLAND, Ore. — Because a disability claimant did not have a “meaningful opportunity’ to submit additional evidence in support of her claim and because the plan did not explain what “objective medical findings” are, a district court erred in granting the plan’s motion summary judgment, the Ninth Circuit U.S. Court of Appeal said July 29 in reversing the district court’s ruling (Barbara Scoles v. Intel Corporation Long Term Disability Benefit Plan, No. 13-36167, 9th Cir.; 2016 U.S. App. LEXIS 13819).

(Unpublished opinion available. Document #17-160808-031Z.)...
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