On December 16, 2009, the Fifth Circuit held that the failure of a disability claim administrator to provide its basis for denial on appeal during the initial adverse determination did not deprive the Plaintiff of a “full and fair review” or result in any significant non-compliance with ERISA that requires notice of the specific reason for denial. Specifically, the Court held that the reason provided on appeal, that the disability claimant was working part-time, simply added support to its initial denial rationale, that the claimant was capable of gainful employment, and did not reflect a new rationale. The dissent, however, held that by not disclosing the precise basis for its decision, the administrator did not give the claimant an opportunity to contest the merits on the administrative level, and that the majority deviated from the “substantial compliance” standard by ruling otherwise . Cooper v. Hewlett-Packard Co. Disability Plan
