Cooper v. Hewlett-Packard Co.

In Cooper v. Hewlett-Packard Co., 2009 LEXIS 27640 (December 16, 2009), the Fifth Circuit found that Glenndid not apply to that case because the payor of the Plan employed a contract administrator to evaluate claims, stating that Glenn only applies when the administrator has a conflict of interest-where the plan administrator both evaluates and pays the benefits claims. Accordingly, the review was a straightforward abuse of discretion review in which the Fifth Circuit determined that the administrator had not abused its discretion in finding the claimant did not meet the ERISA Plan’s definition of “total disability.”