Qidwai v. Prudential Insurance Co. of America
Qidwai v. Prudential Insurance Co. of America
Opinion of the Court
MEMORANDUM
Nahid Qidwai appeals the district court’s grant of summary judgment in favor of Prudential Insurance Company. In determining whether Prudential properly denied Qidwai disability benefits under her ERISA plan, the district court concluded that Qidwai failed to raise a genuine issue of material fact, yet it declined to consider vocational expert Freeman Leeth’s report which Qidwai had submitted to Prudential. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse.
Leeth’s report, in light of all of the other evidence of Qidwai’s physical restrictions and failed attempts at work, created a genuine issue of material fact
REVERSED AND REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. We reject Prudential’s argument that McKenzie v. General Telephone Co., 41 F.3d 1310 (9th Cir. 1994), supports the district court’s actions. Unlike this case, the standard of review in McKenzie was abuse of discretion. Id. at 1314. In addition, the McKenzie court did not deal with a district court’s duty, or lack thereof, to consider vocational evidence that the plan administrator did consider and which was already present in the administrative record. Id. at 1317-18.
Reference
- Full Case Name
- Nahid QIDWAI, Plaintiff—Appellant v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant—Appellee
- Cited By
- 1 case
- Status
- Published