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GAYLE v. UNITED PARCEL SERVICE, INC.

No. 04-1476.

401 F.3d 222 (2005)

Lisa GAYLE, Plaintiff-Appellant, v. UNITED PARCEL SERVICE, Incorporated; Flexible Benefits Plan-United Parcel Service Long Term Disability Plan, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 9, 2005.

Attorney(s) appearing for the Case

ARGUED: Robert Edward Hoskins, Foster Law Firm, L.L.P., Greenville, South Carolina, for Appellant. Patrick Connors DiCarlo, Alston & Bird, Atlanta, Georgia, for Appellees. ON BRIEF: D. Michael Kelly, Suggs & Kelly, Columbia, South Carolina, for Appellant. Peter M. Varney, Alston & Bird, L.L.P., Atlanta, Georgia; David W. Overstreet, Carlock, Copeland, Semler & Stair, L.L.P., Charleston, South Carolina, for Appellees.

Before WIDENER and WILKINSON, Circuit Judges, and Norman K. MOON, United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge WIDENER and Judge MOON joined.

OPINION

WILKINSON, Circuit Judge:

Lisa Gayle retained a law firm to represent her as she sought to preserve her disability benefits. For nearly seven months, the firm did nothing to press her claim. By the time it rediscovered her case, Gayle's opportunity to appeal the denial of her disability benefits claim had expired. Under the terms...

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