Court Rules for Defendant in ERISA Long-Term Disability Benefits Dispute
The Court granted defendant’s motion for summary judgment (and denied plaintiff’s cross-motion for summary judgment) in an ERISA long-term disability benefits case. On “de novo” review, the Court found that plaintiff had failed to prove that her alleged disability (“Long Covid”) rendered her unable to perform the material duties of her own occupation (which was of a light exertion level). Only one of plaintiff’s treaters, a Nurse Practitioner, opined that her illness was disabling. This determination was primarily based on plaintiff’s self-reported, subjective complaints. Numerous peer reviewers engaged by the defendant (as well as a number of plaintiff’s own treating physicians) noted the lack of objective test findings of any cognitive, neurological, cardiovascular or pulmonary impairments.
Read the opinion and order here.
United States District Court for the Eastern District of Virginia, Alexandria Division
Summary judgment entered in favor of the defendant and against the plaintiff.




