Garner v. US West Disability Plan

HARTZ, Circuit Judge.

Diana Garner appeals and the U.S. West Disability Plan (Plan) cross-appeals the district court’s order remanding to the Plan for reconsideration the claim made by Ms. Garner under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. We dismiss the appeal for lack of jurisdiction because the order was not a final order.

I. BACKGROUND

Ms. Garner, who has rheumatoid arthritis, was an employee of U.S. West (now Qwest) from 1969 to 2000. In 2000 she applied for and received short-term-dis ability benefits under the Plan. After these benefits were…