In this 2023 ERISA case, the Court held that the trial court properly concluded that the plaintiff failed to demonstrate complete and continuous disability during the six months following her resignation under ERISA because ample evidence suggested that she could perform some work in some instances based on the report from her physical therapy sessions, which described her to moving well and suffering no pain, at the time. Also, her supervisor suggested that she could still perform some of her main duties as an accounts receivable manager. The lower court was affirmed.
If you need assistance navigating your claim for short term or long term disability benefits under ERISA, or it is time to sue the insurance company, please do not hesitate to give Cody Allison & Associates, PLLC a call (844) LTD-CODY, (615) 234-6000. or send us an e-mail Cody@codyallison.com. We provide representation nationwide and have successfully sued all the major insurance companies in many states. Our headquarters are located in Nashville, Tennessee. We offer a free consultation and would love to speak with you.