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HALL v. LIBERTY LIFE ASSUR. CO. OF BOSTON

Nos. 08-4738, 08-4739.

595 F.3d 270 (2010)

Sonya L. HALL, Plaintiff-Appellant/Cross-Appellee, v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendant, National City Corporation Welfare Benefits Plan, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 8, 2010.

Attorney(s) appearing for the Case

ARGUED: Robert Armand Perez, Sr., The Perez Law Firm Co., L.P.A., Cincinnati, Ohio, for Appellant. Michael E. Smith, Frantz Ward LLP, Cleveland, Ohio, for Appellee. ON BRIEF: Robert Armand Perez, Sr., The Perez Law Firm Co., L.P.A., Cincinnati, Ohio, for Appellant. Michael E. Smith, Frantz Ward LLP, Cleveland, Ohio, for Appellee.

Before: SILER, GILMAN, and ROGERS, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Sonya Hall received long-term disability benefits for nearly five years through the National City Corporation Welfare Benefits Plan (the Plan). Liberty Life Assurance Company of Boston (Liberty Life), the third-party claims administrator, terminated these benefits when it determined that Hall was no longer totally disabled. The Plan then sought reimbursement for overpayments caused by retroactive Social Security...

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