Appeals Court Reverses, Grants Retroactive Benefits
Monday, March 8th, 2010
The Ninth Circuit Court of Appeals seems to “get” it. The Court reversed a decision that was favorable to an insurer, granting the retroactive payment of benefits to a claimant who has had numerous hip revision surgeries, and was getting paid Social Security Disability benefits.
The Court found that the quantity and quality of the medical evidence supports the claim, where the Court rejected the insurer’s argument that a lack of objective evidence existed, where the Court embraced the consistent use of strong paid medication, and where a Functional Capacity Evaluation (“FCE”) supported a finding of impairment. The Court found that the insurer failed to credit reliable evidence. The complete disregard of the Social Security determination further informed the Court’s decision.