And The Defense Wins

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In the ERISA case of Mullins v. AT&T Corp., 2011 WL 1491223 (4th Cir. 2011), the Fourth Circuit recently affirmed the federal district court's decision granting summary judgment for defendants on the plaintiff's claim for long term disability (LTD) benefits under a LTD plan self-funded by the plaintiff's employer, AT&T, and administered by Connecticut General Life Insurance Company (CGLIC). Former DRI Mid-Atlantic Regional Director and DRI State Representative for Virginia, Robert B. "Chip" Delano, Jr., of Sands Anderson PC in Richmond, successfully defended this LTD claim.

CGLIC considered the conflicting opinions of the plaintiff's treating physicians, solicited the opinions of two physician consultants, obtained a functional capacity evaluation (FCE) to independently evaluate her physical strengths and limitations for employment, a transferrable skills analysis (TSA) to determine whether there were jobs that she could perform within the limitations identified in the FCE, and a labor market study (LMS) to determine whether there were employers within the plaintiff's geographical area that could actually accommodate her limitations and meet the wage replacement requirement of the LTD plan.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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