HARRISON v. WELLS FARGO BANK, N.A.

No. 13-2379.

773 F.3d 15 (2014)

Nancy A. HARRISON, Plaintiff-Appellant, v. WELLS FARGO BANK, N.A.; Wells Fargo and Company Disability Plan, Defendants-Appellees. Secretary of Labor, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 5, 2014.


Attorney(s) appearing for the Case

ARGUED: Richard F. Hawkins, III , The Hawkins Law Firm, PC, Richmond, Virginia, for Appellant. Dana Lewis Rust , McGuirewoods LLP, Richmond, Virginia, for Appellees. Gail A. Perry , United States Department of Labor, Washington, D.C., for Amicus Supporting Appellant. ON BRIEF: Summer L. Speight , McGuirewoods LLP, Richmond, Virginia, for Appellees. M. Patricia Smith , Solicitor of Labor, G. William Scott , Acting Associate Solicitor for Plan Benefits Security, Elizabeth Hopkins , Counsel for Appellate and Special Litigation, United States Department of Labor, Washington, D.C., for Amicus Supporting Appellant.

Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge KING and Senior Judge HAMILTON joined.


Nancy Harrison brought suit against her employer Wells Fargo, arguing that the company improperly terminated her short-term disability benefits while she was undergoing a series of treatments for thyroid disease. The district court upheld Wells Fargo's decision, finding the plan administrator did not abuse its discretion...

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