CIGNA AGAIN TAKEN TO TASK FOR CLAIM HANDLING
Thursday, May 26th, 2011
Another Federal Judge has seen through the ERISA quagmire and has found that CIGNA’s claim handling conduct was improper, and that the claimant provided sufficient evidence to demonstrate that he remained disabled. The Court awarded retroactive benefits with interest.
The Court was impressed with the evidence presented by the claimant demonstrating entitlement to any occupation benefits, based upon the support from his treating doctors, who had long standing treatment relationships with the claimant, and who articulated functional restrictions and limitations. The Court also determined that the record demonstrated that CIGNA cherry-picked selective items of evidence in order to support its claim decision. The Court also found the TSA (Transferable Skills Analysis) to be flawed, and upon considering the totality of the evidence, found the claimant to still be disabled.
Jones v. CIGNA Group, W.D.N.Y. 2011