Gwendolyn Black v. UnitedHealth Group, Inc. , 472 F. App'x 883 ( 2012 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
JUNE 19, 2012
No. 11-14350 JOHN LEY
Non-Argument Calendar CLERK
________________________
D.C. Docket No. 1:10-cv-01617-JOF
GWENDOLYN BLACK,
Plaintiff-Appellant,
versus
UNITEDHEALTH GROUP INCORPORATED,
UNITEDHEALTH GROUP LONG-TERM DISABILITY PLAN,
Defendants-Appellees.
__________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(June 19, 2012)
Before CARNES, WILSON and HILL, Circuit Judges.
PER CURIAM:
This is an appeal from the grant of defendants/appellees’s, UnitedHealth
Group Incorporated, and UnitedHealth Group Long-Term Disability Plan
(UnitedHealth), motion for summary judgment, against plaintiff/appellant,
Gwendolyn Black (Black), and, the denial of Black’s motion for summary
judgment.1
Black was employed by United HealthCare Services as a telephone
registered nurse case manager. When multiple health issues presented, she applied
for long-term disability benefits. Black claims on appeal that UnitedHealth
wrongfully denied her claim for long-term disability benefits.
We have reviewed the record in this appeal, the briefs, and the arguments of
counsel. The record indicates that UnitedHealth denied benefits to Black after
three independent reviewing physicians separately determined that she was not
disabled under the terms of the plan. In light of that evidence, we agree with the
district court that UnitedHealth’s decision was neither arbitary nor unreasonable.
The judgment of the district court is AFFIRMED.
1
As to Count Four of Black’s complaint only, the district court granted in part, and denied
in part, Black’s motion for summary judgment. In all other respects, it denied Black’s motion for
summary judgment.
As to Count Four, in an effort to encourage plan administrators to promptly respond to
requests for documents, the district court penalized UnitedHealth $10 per day for each day that Black
was denied the information she requested. UnitedHealth was directed to pay Black $1,120, in
statutory penalties, for violation of 29 U.S.C. § 1024(b)(4).
2