Disability Benefits

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Unfair ruling against reasoning behind ERISA

Alison Weidner, who worked for FedEx for more than 15 years, experienced a flare-up in her multiple sclerosis and applied for long-term disability payments when she became unable to work. The plaintiff’s treating neurologist certified her disability; and Broadspire, the claim administrator for the FedEx disability benefit plan, acknowledged that Weidner could not perform her […]

Insurance adjuster wins bid for disability benefits

Becky Cooper, who worked as an insurance adjuster, injured her back in a work-related accident while on a business trip. Although she continued to work for two years following the accident, Cooper’s condition worsened to the point where she finally required surgery. While recuperating, Cooper received short-term disability benefits for a period of time from […]

Is expediency more important than accuracy?

The saga of this case, which involved a claim of disability due to complications of diabetes, is a long one that began in 2002 when Unum initially denied the claim for benefits and upheld its decision when the plaintiff submitted her pre-suit appeal. The case, Metzger v. Unum Life Ins.Co. of America, 2007 U.S.App.LEXIS 3755, […]

Right result, but confusing reasoning

The plaintiff in this case initially became disabled in 1985 as the result of a work accident when a hydraulic door fell on him and fractured his C3 vertebra. Rehabilitation efforts were unsuccessful; and Sloan began receiving long-term disability benefits in the late 1980s. After 24 months, the definition of disability changed from one in […]

Insurer can’t ‘cherry pick’ medical report

The plaintiff in this case was involved in a tragic sledding accident in 1997 that resulted in the death of the plaintiff’s grandson and severe injuries to himself. Fulayter v. Prudential Insur. Co. of America, 2007 U.S.Dist.LEXIS 8394 (D.Ariz. Feb. 6). After a significant period of rehabilitation, Fulayter was able to return to work; however, […]