Rebecca Wonsang v. Reliance Standard Life Insurance Company

CourtCourt of Appeals for the Fourth Circuit
DecidedJune 13, 2025
Docket24-1419
StatusUnpublished

This text of Rebecca Wonsang v. Reliance Standard Life Insurance Company (Rebecca Wonsang v. Reliance Standard Life Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rebecca Wonsang v. Reliance Standard Life Insurance Company, (4th Cir. 2025).

Opinion

USCA4 Appeal: 24-1419 Doc: 35 Filed: 06/13/2025 Pg: 1 of 11

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-1419

REBECCA WONSANG,

Plaintiff – Appellee,

v.

RELIANCE STANDARD LIFE INSURANCE COMPANY,

Defendant – Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Rossie David Alston, Jr., District Judge. (1:23−cv−00001−RDA−IDD)

Argued: March 21, 2025 Decided: June 13, 2025

Before WILKINSON, WYNN, and RICHARDSON, Circuit Judges.

Affirmed by unpublished opinion. Judge Wilkinson wrote the opinion, in which Judge Wynn joined. Judge Richardson wrote a dissenting opinion.

ARGUED: Joshua Bachrach, WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP, Philadelphia, Pennsylvania, for Appellant. Benjamin W. Glass, III, BENJAMIN W. GLASS, III & ASSOCIATES, Fairfax, Virginia, for Appellee. ON BRIEF: Peter M. Moore, WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP, McLean, Virginia, for Appellant. Damon R. Miller, BENJAMIN W. GLASS, III & ASSOCIATES, Fairfax, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-1419 Doc: 35 Filed: 06/13/2025 Pg: 2 of 11

WILKINSON, Circuit Judge:

This case concerns plaintiff Rebecca Wonsang’s claim for long-term disability

benefits under a group policy provided by Reliance Standard. After initially approving

Wonsang’s claim, Reliance later found that she was no longer disabled and terminated her

benefits, prompting Wonsang to file suit under ERISA. The district court found Reliance’s

decision erroneous and granted summary judgment in favor of Wonsang. Finding no

reversible error, we now affirm.

I.

From 2014 to 2016, plaintiff Rebecca Wonsang worked as a physical therapist

assistant for Legacy Healthcare. As a full-time employee at Legacy, Wonsang was entitled

to coverage under a group disability insurance policy provided by Reliance. Per the terms

of the policy, Reliance is also the “claims review fiduciary” with “the discretionary

authority to interpret the Plan and the insurance policy and to determine eligibility for

benefits.” J.A. 61.

The policy obligates Reliance to pay a monthly benefit to Wonsang if she is “Totally

Disabled.” J.A. 65. The definition of “Totally Disabled” varies based on the length of

coverage. For the first 24 months, “Totally Disabled” means the “Insured cannot perform

the material duties of his/her Regular Occupation.” J.A. 57. After 24 months, “Totally

Disabled” means the “Insured cannot perform the material duties of Any Occupation.” J.A.

57. The policy defines “Any Occupation” as “an occupation normally performed in the

national economy for which an Insured is reasonably suited based upon his/her education,

training or experience.” J.A. 56.

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Wonsang submitted a claim for coverage in May 2016. Her claim form was signed

by her primary care physician, Dr. Lee Hinnant, who stated that Wonsang was “suffering

from neck pain, extreme fatigue, [right upper quadrant] pain, and weakness” and that she

was “unable to work” as a physical therapist because she “can’t stand for long periods or

do heavy lifting.” J.A. 241. Dr. Hinnant further noted that the “etiology of the symptoms

is not fully clear” and that additional testing was needed. J.A. 241.

In September 2016, a nurse employed by Reliance reviewed Wonsang’s medical

records and concluded that she was “precluded from engaging in any sustained activity on

a frequent and consistent basis.” J.A. 191. The nurse’s findings were largely based on MRI

and X-ray imaging of Wonsang’s spine and a subsequent evaluation by a spine specialist.

The imaging showed that Wonsang was suffering from “broad based disc protrusion,”

“mild to moderate canal narrowing,” and “moderate intrinsic disc degeneration.” J.A. 191.

Following these results, the specialist diagnosed Wonsang with hypermobility syndrome,

scoliosis, and intervertebral disc displacement—conditions known to cause chronic neck

and back pain. Shortly after the nurse’s report, Reliance approved Wonsang’s claim and

paid her benefits for the duration of the initial 24 month period of the policy.

In April 2017, Wonsang was involved in a car accident and began struggling with

dizziness and brain fog in addition to her neck pain. As a result, her neurologist, Dr. Ruben

Cintron, sent Reliance a letter stating that due to “her symptoms of fatigue and poor mental

stamina she is certainly not employable at this point and [I] don’t foresee any significant

change.” J.A. 252. In September 2017, an in-house Reliance nurse reviewed Wonsang’s

updated medical records and concluded that Wonsang “remains precluded from engaging

3 USCA4 Appeal: 24-1419 Doc: 35 Filed: 06/13/2025 Pg: 4 of 11

in any sustained activity on a frequent and consistent basis ongoing due to dizziness,

blurred vision, mental fogginess, poor mental stamina, fatigue, headaches, and neck pain.”

J.A. 194. Based on this review, Reliance continued paying Wonsang benefits beyond the

initial 24 month period of the policy because it determined she was unable to work in “Any

Occupation” for which she is reasonably qualified.

Years later, in June 2022, Reliance reviewed Wonsang’s updated medical records

and sent her a letter terminating her benefits. The letter provided three reasons for the

termination. First, medical records from one of Wonsang’s treating physicians, Dr. Virgil

Balint, noted that although Wonsang remained “under his care for chronic neck pain” and

her most recent exam showed her “cervical range of motion was limited by pain,” her latest

“test results were all negative.” J.A. 225. Second, Dr. Hinnant, who evaluated Wonsang

following a COVID diagnosis, reported that while Wonsang claimed she had significant

fatigue and difficulty with daily activities, her physical examination results were “normal,”

showing “full range of motion” and no signs of “cognitive issues or lethargy.” J.A. 226.

Third, Reliance cited evidence that Wonsang had authored and published a book,

maintained a blog and an active reading list, and performed occasional content editing for

others—activities it viewed as incompatible with “cognitive deficits sufficient to preclude

working in any occupation.” J.A. 226.

On November 1, 2022, Wonsang submitted an appeal of Reliance’s initial decision.

In a letter dated December 19, 2022, Wonsang informed Reliance that she had not received

a decision within the 45-day deadline under ERISA and that she would consider her

administrative remedies exhausted if she did not receive an appeal decision within ten days.

4 USCA4 Appeal: 24-1419 Doc: 35 Filed: 06/13/2025 Pg: 5 of 11

Wonsang filed this lawsuit in the Eastern District of Virginia on January 3, 2023. Reliance

issued a decision denying Wonsang’s appeal on March 29, 2023.

The district court found Reliance’s decision erroneous and granted summary

judgment in favor of Wonsang. It first held that de novo review applied, rather than abuse

of discretion, because Reliance forfeited its discretionary authority under the policy by

failing to comply with ERISA’s procedural requirements. The court nonetheless concluded

that Reliance’s decision could not be upheld under either standard of review. Its central

reasoning was that Reliance improperly cherrypicked evidence and ignored the findings of

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