In this 2017 case, where an ERISA claims administrator terminated a recipient’s long-term disability benefits, substantial evidence supported the decision, including that treatment notes reflected continued improvement in her anxiety and depression, and nothing in the record demonstrated that the medications themselves prevented her from working. The administrator was not required to personally examine her because the plan did not require a personal examination, even if the disability was mental illness. The administrator was not judicially estopped from arguing the recipient was not disabled because that position was inconsistent with the position it took when it required her to apply for SSA benefits, paid for her SSA representation, and benefitted from her receiving those benefits, because the ERISA standard for disability benefits was different than that for SSA benefits.
Judgment 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.
Latest Posts
Chapman v. Choicecare Long Island Term Disability Plan
In this 2002 case, due to a mental disability, the claimant submitted a long term disability benefits application to an insurance company that was under...
Gibbs v. CIGNA Corp.
In this 2006 case, the district court held that $ 150,000 in "guaranteed" "minimum compensation" paid to the executrix's husband was not a salary under his...
Gibbs v. CIGNA Corp.
Geiger v. Zurich Am. Ins. Co.
In this 2023 case, an insurer did not abuse its discretion in denying long-term disability (LTD) benefits to plaintiff under ERISA, as considering the...