Defining ‘disability’ means looking at duties
The definition of disability in an ERISA case should take into account the specific duties of the claimant.
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Updates on the latest in benefits news and practical pointers for your benefits-related issues.
Courts Seek Clarity on Subjective Diseases
Claims involving sicknesses such as fibromyalgia, a condition for which medical science has yet to develop a laboratory test, can be challenging both for claimants and insurers. A recent decision from Minnesota, which followed a ruling from our 7th U.S. Circuit Court of Appeals, is very instructive, though, on the adjudication of such claims.
Ruling warns against failure to communicate
The 8th U.S. Circuit Court of Appeals recently decided a disability benefits case involving a medical condition that is drawing increased attention among neurologists. Abram v. Cargill Inc., 2005 U.S. App. LEXIS 1142 (8th Cir., Jan. 24). Plaintiff Ellen Abram applied for disability benefits in 2000 when she could no longer work due to post-polio […]