Defense Win in ERISA Long-Term Disability Termination Case

Plaintiff filed a lawsuit alleging that our client, Mutual of Omaha, wrongfully terminated his long-term disability benefits in violation of Federal law (the ERISA statute). Plaintiff was a “Portfolio Manager” for an investment firm in Northern Virginia. He alleged that he was totally disabled from his occupation by a variety of lumbar spine conditions which resulted in spinal surgery and a post-surgical diagnosis of post-laminectomy syndrome. Plaintiff’s job involved sedentary work with frequent travel. Mutual of Omaha engaged independent, board-certified neurosurgeons and other relevant medical experts who reviewed plaintiff’s medical records and concluded that there was insufficient evidence that his medical condition precluded him for performing his job duties. Mutual of Omaha also undertook surveillance and online research which yielded powerful evidence inconsistent with plaintiff’s claim that he was disabled. Through the review and investigation, Plaintiff was caught walking while carrying a large backpack, driving, travelling domestically and internationally by air and playing multiple rounds of competitive golf. As is typical of ERISA cases, the Court decided the case on motions for summary judgment by both parties.