Sheryl Harvey v. Standard Insurance Companyh

Sheryl Harvey appeals the dismissal of her second complaint against the Standard Insurance Company to recover long term disability benefits under her employer’s group policy as governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. We affirm.

In 2010, Harvey filed in a Georgia court a complaint seeking a judicial award of long term benefits from Standard. See id. § 1132. Standard removed the action to the district court, after which Standard and Harvey moved for summary judgment. The district court denied Harvey’s motion and granted the motion of Standard.…