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NFL Continues Throwing Formers Players to Lions
“A full and fair review required the Plan to construe Plan terms according to their plain meaning, avoiding interpretations that would render some language meaningless. A full and fair review also required the Plan to consider all available evidence, as opposed to automatically deferring to its hired evaluators’ employability conclusions and disregarding all evidence proffered by Mickell. A full and fair review further obligated the Plan to consider the cumulative effect of all of Mickell’s conditions on his ability to meet the definition of Disability, rather than evaluating each condition in a silo.” So reads the opening statement in Darren Mickell’s appellant brief to the Eleventh Circuit Court of Appeals, following denial of his disability claim.