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SMITH v. WESTVACO VOLUNTARY EMP. BEN. LONG TERM

No. 2:03-2370-23.

399 F.Supp.2d 692 (2005)

Robert SMITH, Plaintiff, v. WESTVACO CORPORATION VOLUTARY EMPLOYEES BENEFICIARY ASSOCIATION LONG TERM DISABILITY PLAN, Defendant.

United States District Court, D. South Carolina, Charleston Division.

November 17, 2005.

Attorney(s) appearing for the Case

Robert Edward Hoskins, Foster and Foster, Greenville, SC, Robertson H. Wendt, Jr., Charleston, SC, for Plaintiff.

G. Dana Sinkler, Warren and Sinkler, Charleston, SC, for Defendant.

ORDER

DUFFY, District Judge.

In this matter, Plaintiff Robert Smith ("Smith") retained a law firm to represent him as he sought to appeal a denial of his disability benefits. For seven months, no action was taken to pursue his claim. By the time the firm filed his appeal, Smith's opportunity to appeal the denial of his disability benefits claim to the Plan Administrator had expired. Because it was untimely filed, the Plan Administrator declined to...

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