Wednesday, July 4, 2018

ERISA/Prudential must pay Disability for CFS

"Washington Post Science Reporter With Chronic Fatigue Syndrome Must
Receive Disability Benefits, N.J. Court Decides"

<https://www.law.com/njlawjournal/2018/06/06/washington-post-science-reporter-with-chronic-fatigue-syndrome-must-receive-disability-benefits-n-j-court-decides/?slreturn=20180604171838>

(May require a free subscription)

On Sat, Jun 2, 2018 at 10:37 PM, Tom Kindlon wrote:
> The full ruling is here:
> <https://cases.justia.com/federal/district-courts/new-jersey/njdce/2:2015cv06197/323449/44/0.pdf?ts=1527932072>
>
> On Sat, Jun 2, 2018 at 10:31 PM, Tom Kindlon <tomkindlon@gmail.com> wrote:
>> Ex-Reporter Prevails In ERISA Suit Against Prudential
>>
>> By Adam Lidgett
>>
>> Law360 (June 1, 2018, 5:33 PM EDT) -- A New Jersey federal judge sided
>> with a former Washington Post science reporter with chronic fatigue
>> syndrome Thursday in his Employee Retirement Income Security Act suit
>> against Prudential Insurance Company of America, which had dropped his
>> short-term disability benefits and denied his bid for long-term ones.
>>
>> [..]
>>
>> Among other things, the judge said that none of the professionals
>> Prudential most relied on to review Vastag's records show they have
>> any expertise in CFS. She said the reviewers seemingly either weren't
>> aware of, or rejected, just how significant a major mark of the
>> disease is — post-exertional malaise.
>>
This condition, the judge said, means that people with CFS who try to force themselves to function actually make themselves worse in the process.
>>
>> <https://www.law360.com/articles/1049513/ex-reporter-prevails-in-erisa-suit-against-prudential->

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