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Administrative: ERISA-Long-Term Disability Benefits-Termination
Staff Report//March 4, 2019
Where plaintiff challenged the finding that an insurer did not abuse its discretion when it terminated his long-term disability benefits, the judgment is affirmed because even though the plaintiff presented some evidence of disability from his medical providers, the insurer had evidence that the plaintiff was deliberately exaggerating his symptoms, so the plaintiff failed to provide sufficient evidence of continuing disability.
Judgment is affirmed.
Johnston v. Prudential Ins. Co. of Am. (MLW No. 72795/Case No. 17-3415 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.) Appealed from U.S. District Court, Western District of Missouri. (Kelly Charles Tobin, Kansas City, Missouri, argued for appellant; Benjamin Easter appeared on the brief) (Amanda A. Sonneborn, Chicago, argued for appellee; Ada W. Dolph and Richard J. Paulter appeared on the brief).
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