A Federal Judge in Massachusetts has determined that a claimant proved his eligibility for benefits and rejected an insurer’s effort to apply a pre-existing limitation. The insurer had initially approved the claim, only to terminate benefits on the basis of a report from its hired neuropsychologist.
Following a trial, where the court took testimony from witnesses, the Court determined that the claimant was, in fact, disabled. Supporting its conclusion was the fact the claimant was awarded Social Security disability benefits, which although not dispositive to the claim, was further evidence supporting the claim.
Sebell v. Riversource Life Ins. Co.