Hannington v. Sun Life & Health Ins. Co., No. 12-1085 (1st Cir. 2013)Annotate this Case
Plaintiff filed this ERISA action against Sun Life and Health Insurance Company (Sun) after Sun reduced his disability payments under an ERISA-qualified plan (Plan) because he was also receiving disability compensation under the Veterans' Benefits Act. The district court entered judgment on the record for Plaintiff. The First Circuit Court of Appeals affirmed, holding (1) because Sun's decision to offset Plaintiff's service-connected disability compensation (VA benefits) was governed entirely by its interpretation of several statutes, the district court ought to have reviewed de novo Sun's determination that Plaintiff's VA benefits were "other income" under the plan; and (2) Plaintiff's VA benefits were not "other income" for purposes of reducing the payment Sun owed Plaintiff under the Plan.
The court issued a subsequent related opinion or order on April 18, 2013.