In the course of many types of disability insurance claims, insurance companies have increasingly sought to have claimants undergo dangerous, often unreliable testing, known as a Functional Capacity Evaluation (“FCE”).  We have seen FCE’s requested in claims for orthopedic impairments, as well for many with Chronic Fatigue Syndrome or Fibromyalgia. An FCE is a series […]

Frankel & Newfield has the first decision concerning the scope of discovery in ERISA long term disability litigations, following Met Life v. Glenn:  Cindy Hogan-Cross v. Met Life, where the United States District Court for the Southern District of New York agreed that determining the nature and extent of MetLife’s structural conflict of interest warranted […]