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.

Missouri Court Rejects AIG’s Termination of Benefits Based on FCE

A federal district court in Missouri rejected the results of a functional capacity evaluation (FCE) conducted by AIG, saying that they were not indicative of the plaintiff’s ability to perform one or more of her job duties.  In doing so, the court ordered benefits reinstated.

The claimant was subjected to a three-hour FCE that tested her ability to exert force.  As a result of the FCE, the plan administrator terminated Ms. Michael’s long term disability benefits.  When the Eastern District of Missouri reviewed this test, they noted that the three hour exam was not designed to measure pain or to evaluate Ms. Michael’s ability to actually perform her job.  Most importantly, the court noted that the three hour test did not provide any evidence of her ability to work for extended periods of time (like an 8 hour day or a 40 hour week).

Accordingly, the court found that when Ms. Michael’s long term disability benefits were terminated, there was no evidence that her condition had changed from what it was when her benefits were initially approved.  The court noted that her treating physicians had prescribed drugs, patches, compression stockings, and injections for her pain – which was persistent, ongoing, and disabling.  “The medical evidence presented by Plaintiff cannot be outweighed by the results of the July 12, 2005 FCE.” 

Michael v. American Intl. Group, Inc., 2008 U.S. Dist. LEXIS 69421 (E.D. Mo. September 15, 2008).