ERISA Long Term Disability Case Citations and references

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Hartford ignores functional capacity exam and loses case

In this long-term disability insurance case, the claimant submitted a functional capacity evaluation finding that he was incapable of working.  The Hartford life and accident insurance company nevertheless denied the claim based upon a report by Dr. Elizabeth Roaf.  According to the court.  The doctor had ignored the functional capacity exam and concluded that the claimant was capable of working at a "light" occupation.  Even though Dr. Roaf acknowledged that the claimant's lifting restrictions were below the exertional requirements of such an occupation.

The court found that Hartford's decision should be overturned because "there was not a rational connection between its conclusion, and the information on which it relied to support the conclusion."

The case is Alexander vs. Hartford Life and Accident company.  This was from the Fifth Circuit Court of Appeals, and it was decided October 5, 2009.