context: Although Emigrant's denial of Mayers' claim was arbitrary and capricious, and done without a full and fair review, the administrative record is insufficient to determine whether Mayers was terminated "for cause." Only after a more thorough investigation of the allegations raised in Mayers' affidavit will such a determination be possible. The appropriate remedy, however, is not to schedule a trial date but rather is to remand the case to Emigrant's Fiduciary Committee "with instructions to consider additional evidence."
citation_a.signal: no signal
citation_a.identifier: 72 F.3d 1066, 1071
citation_a.parenthetical: "Because district courts are required to limit their review to the administrative record, it follows that, if upon review a district court concludes that the [plan administrator's] decision was arbitrary and capricious, it must remand to the [plan administrator] with instructions to consider additional evidence unless no new evidence could produce a reasonable conclusion permitting denial of the claim or remand would otherwise be a 'useless formality.' "
citation_a.sentence: Miller v. United Welfare Fund, 72 F.3d 1066, 1071 (2d Cir.1995) (“Because district courts are required to limit their review to the administrative record, it follows that, if upon review a district court concludes that the [plan administrator’s] decision was arbitrary and capricious, it must remand to the [plan administrator] with instructions to consider additional evidence unless no new evidence could produce a reasonable conclusion permitting denial of the claim or remand would otherwise be a ‘useless formality.’ ”); see, e.g., Pepe v. Newspaper & Mail Deliveries’-Publishers’ Pension Fund, 559 F.3d 140, 149 (2d Cir.2009) (Remand of arbitrary and capricious denial of benefits claim warranted where “additional evidence might produce a reasonable conclusion permitting denial of [plaintiffs] claim.”); Krauss v. Oxford Health Plans, Inc., 517 F.3d 614, 630 (2d Cir.2008) (“A full and fair review concerns a beneficiary’s procedural rights, for which the typical remedy is remand for further administrative review.”); Magee v. Metro. Life Ins. Co., 07 Civ. 8816, 2009 WL 3682423 at *1 (S.D.N.Y. Oct. 15, 2009) (“MetLife failed to consider much of the evidence.
citation_b.signal: see
citation_b.identifier: 517 F.3d 614, 630
citation_b.parenthetical: "A full and fair review concerns a beneficiary's procedural rights, for which the typical remedy is remand for further administrative review."
citation_b.sentence: Miller v. United Welfare Fund, 72 F.3d 1066, 1071 (2d Cir.1995) (“Because district courts are required to limit their review to the administrative record, it follows that, if upon review a district court concludes that the [plan administrator’s] decision was arbitrary and capricious, it must remand to the [plan administrator] with instructions to consider additional evidence unless no new evidence could produce a reasonable conclusion permitting denial of the claim or remand would otherwise be a ‘useless formality.’ ”); see, e.g., Pepe v. Newspaper & Mail Deliveries’-Publishers’ Pension Fund, 559 F.3d 140, 149 (2d Cir.2009) (Remand of arbitrary and capricious denial of benefits claim warranted where “additional evidence might produce a reasonable conclusion permitting denial of [plaintiffs] claim.”); Krauss v. Oxford Health Plans, Inc., 517 F.3d 614, 630 (2d Cir.2008) (“A full and fair review concerns a beneficiary’s procedural rights, for which the typical remedy is remand for further administrative review.”); Magee v. Metro. Life Ins. Co., 07 Civ. 8816, 2009 WL 3682423 at *1 (S.D.N.Y. Oct. 15, 2009) (“MetLife failed to consider much of the evidence.