context: Plaintiff received the benefits reflected on those written statements for more than two years before Defendants notified him that, due to an actuarial miscalculation stumbled upon during an audit: (1) Plaintiffs benefits were overstated, (2) Plaintiffs benefits would be permanently reduced, and (3) Plaintiff would be required to pay back the overstated benefits. These are precisely the extraordinary circumstances that strongly favor the application of estoppel under Bloemker.
citation_a.signal: see
citation_a.identifier: 605 F.3d 439, 439, 444
citation_a.parenthetical: extraordinary circumstances existed where plaintiff retired in reliance on assurances that he was entitled to certain retirement benefits, and received those benefits for almost two years, before he was informed that his benefits would be reduced and he would be required to pay the overstated difference
citation_a.sentence: See Bloemker, 605 F.3d at 439, 444 (extraordinary circumstances existed where plaintiff retired in reliance on assurances that he was entitled to certain retirement benefits, and received those benefits for almost two years, before he was informed that his benefits would be reduced and he would be required to pay the overstated difference); see also Pell, 539 F.3d at 304-05 (concluding that a plaintiffs diligence in asking pertinent questions about his benefits in conjunction with an employer’s affirmative misrepresentations constituted extraordinary circumstances).
citation_b.signal: see also
citation_b.identifier: 539 F.3d 304, 304-05
citation_b.parenthetical: concluding that a plaintiffs diligence in asking pertinent questions about his benefits in conjunction with an employer's affirmative misrepresentations constituted extraordinary circumstances
citation_b.sentence: See Bloemker, 605 F.3d at 439, 444 (extraordinary circumstances existed where plaintiff retired in reliance on assurances that he was entitled to certain retirement benefits, and received those benefits for almost two years, before he was informed that his benefits would be reduced and he would be required to pay the overstated difference); see also Pell, 539 F.3d at 304-05 (concluding that a plaintiffs diligence in asking pertinent questions about his benefits in conjunction with an employer’s affirmative misrepresentations constituted extraordinary circumstances).