Spencer Norris v. Citibank, N.A.

This appeal arises out of Sue Pollock’s 3 claim for disability benefits. The district court entered judgment on the merits against Citibank, N.A. Disability Plan (501) (“the Plan”) and Aetna Life Insurance Company. We remand for further factual findings, retaining jurisdiction over the appeal.

Citibank, N.A., adopted the Plan for the benefit of its employees. Pollock was an account collector for Citibank Credit Services and a participant in the Plan. The Plan is governed by the Employee Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. §§ 1001, et seq.

The Plan argues that…