CHAPMAN v. CHOICECARE LONG ISLAND TERM DISABILITY

Docket No. 01-7282.

288 F.3d 506 (2002)

Cheryl CHAPMAN, Plaintiff-Appellant, v. CHOICECARE LONG ISLAND TERM DISABILITY PLAN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 29, 2002.


Attorney(s) appearing for the Case

Harry J. Binder, Binder & Binder, P.C., Hauppauge, NY, for Plaintiff-Appellant.

Evan L. Gordon, Law Office of Evan L. Gordon, New York, NY, for Defendant-Appellee.

Before: CARDAMONE, LEVAL, and SOTOMAYOR, Circuit Judges.


CARDAMONE, Circuit Judge.

We have before us on this appeal a plaintiff who declares that she is mentally disabled. Yet her claim for disability benefits under her employer's benefits plan was denied as untimely filed, as was her request for administrative review. She initiated suit in district court against the plan for judicial review of this decision. Although plaintiff's counsel argued that the untimely filings were a product of plaintiff's disabling mental condition...

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