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Prudential insurance company loses another disability case
Posted on Oct 22, 2009
In this case out of the federal court in Connecticut Prudential had denied a claim based on fibromyalgia. Prudential had relied on Dr. Paul Howard and his analysis that included a statement that "the pain of fibromyalgia is never sufficient to result in a qualifying disability." That particular position has been rebutted time and time again.
The court said that Prudential's sole reliance upon Dr. Howard's report which articulated a test for disability under which debilitating fibromyalgia induced pain alone could never qualify constituted an arbitrary and capricious eligibility determination. In short the court rejected Prudential's claim that no matter how severe the pain from fibromyalgia is the cannot be disabling.
This case is Lanoue v. Prudential insurance Co. of America and it was decided on September 25, 2009.
NOTE: you should do your own research. This case is shown here for your interest and information only. Legal research should be done by an experienced attorney. Ben Glass recommends that you talk to an experienced, board certified attorney in your area about your specific case.
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