Plan Administrator Failed To Consider All Evidence, California Federal Judge Says

Mealey's (July 7, 2016, 11:35 AM EDT) -- SAN JOSE, Calif. — A plan administrator abused its discretion by failing to consider a disability claimant’s functional capacity evaluation and an award of Social Security disability benefits before terminating the claimant’s long-term disability benefits, a California federal judge said June 30 in remanding the benefits claim to the plan administrator (Olga Gorbacheva v. Abbott Laboratories Extended Disability Plan, et al., No. 14-2524, N.D. Calif.; 2016 U.S. Dist. LEXIS 85702)....