In this 2016 case, where an employee challenged the denial of long-term disability benefits under the Employee Retirement Income Security Act and the district court found that he failed to show that he was disabled from “all occupations” after July 18, 2013, remand was warranted because an employee who could not sit for more than four hours in an eight-hour workday could not perform “sedentary” work that required “sitting most of the time,” and the district court erred in concluding that he had not established that he was unable to perform the four positions the insurance company had identified based on his functional capacity as of April 18, 2013, despite the fact that all four positions were classified as “sedentary,” and despite undisputed evidence that, as of that date, he was unable to sit for more than four hours a day.
Outcome: Judgment vacated in part and case remanded.
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.
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