213063P.pdf   07/21/2023  Melissa McIntyre  v.  Reliance Standard Life
   U.S. Court of Appeals Case No:  21-3063
                          and No:  22-1296
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Gruender, Author, with Colloton and Melloy, Circuit Judges] 
   Civil case - ERISA. For the court's prior opinion in the case, see 
   McIntyre v. Reliance Standard Life Ins., 972 F.3d 955 (8th Cir. 2020), 
   where the court remanded the matter for application of the sliding scale 
   abuse of discretion standard; on remand, the court again awarded plaintiff 
   benefits, finding that the defendant's delay in deciding her appeal was an 
   egregious procedural irregularity that violated ERISA's clear mandates, 
   that defendant had a conflict of interest, and that the denial of benefits 
   was not supported by substantial evidence. The defendant appeals. Held: 
   defendant's decision to deny benefits and conclusion that plaintiff could 
   work a sedentary full-time job was supported by substantial evidence; 
   decisional delay and defendant's possible conflict of interest as the 
   evaluator and payor did not lead to a conclusion that defendant abused its 
   discretion in denying the claim for long-term disability benefits. Judge 
   Melloy, dissenting.