Hyder

MEMORANDUM *

Plaintiff-Appellant Kemper National Services, Inc., appeals the district court’s order awarding Defendant-Appellee Nancy Hyder short-term disability benefits, long-term disability benefits, and attorney’s fees. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

The district court was not clearly erroneous in determining that Hyder’s failure to notify Kemper of her claim for short-term disability benefits within eight days of the first day of her disability does not bar her claim for benefits. The plan provides that if such failure “was due to reasonable cause, your benefits may be reinstated for any period you were not in compliance.” Hyder’s employer did not provide her with a copy of the plan documents, despite her repeated requests. Her employer also told her twice that she was ineligible for short-term disability benefits. Because of her employer’s failure to provide accurate information, Hyder did not know how to apply for benefits or even that she was eligible. This eonstitutes reasonable cause and excuses her failure to notify Kemper within eight days.

We decline to reach Kemper’s…