Schexnayder had worked as a chemical operator for CF Industries when severe back and leg pain forced him to stop working. Though he underwent back surgery, the pain persisted and left him disabled. CF Industries had provided a long-term disability policy for its employees. The plan called for Hartford to underwrite the policy and also [...]
Under ERISA, a reasonable attorneys’ fee and costs are available to either party at the court’s discretion. The Fourth Circuit Court of Appeals construed ERISA’s language to mean that a claimant had to prevail on the merits of a case in order to win an award of attorneys’ fees. In Hardt v. Reliance Standard, the [...]
Octave Schully had been suffering from degenerative back disease and mental problems for a period of years. The problems interfered with his law practice and he applied for long-term disability benefits. His initial claim for mental disability was approved, but not for physical disability. He received mental disability benefits for two years and, when they [...]
In a significant decision, the Seventh Circuit Court of Appeals reversed Met Life’s long-term disability denial for an ERISA claimant even though the claimant didn’t present evidence of objectively measurable symptoms of her disability. ++Lanette Holstrom was a senior training specialist at a large credit management company when she began experiencing excruciating pain in her [...]
