Barbara Sterio v. Highmark Life Insurance Compan

MEMORANDUM

Appellant, Barbara Sterio appeals the district court’s entry of judgment in favor of HM Life, an insurance company administrator that denied Sterio’s claim for long term disability under an employee plan governed by ERISA. Sterio, a former receptionist, claims she is disabled primarily due to sciatic pain, restricted mobility and depression following several hip surgeries. We have jurisdiction under 28 U.S.C. § 1291 . We conclude that HM Life abused its discretion in denying Sterio benefits, and we reverse and remand for the district court to enter judgment in her favor.

Sterio has undergone multiple hip revision surgeries following hip replacement surgery in 1975. In January 2000, Sterio underwent her most recent total hip revision surgery, after which she developed postoperative complications, including sciatic pain and numbness and weakness in her right leg and foot. In December 2000, Sterio stopped working. In January 2002, the Social Security Administration (“SSA”) determined that Sterio was permanently disabled and awarded her benefits.

In 2003, Sterio applied for long term disability benefits with HM Life, which is both the insurer and the administrator of…