Panel Remands Disability Claim After Finding Questions Of Fact Exist Regarding Denial

Mealey's (January 25, 2018, 12:50 PM EST) -- PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Jan. 24 determined that a district court properly applied an abuse-of-discretion standard of review in a disability benefits dispute but remanded the suit after determining that questions of facts exist regarding the disability insurer’s decision not to conduct an independent medical evaluation and disregard of the claimant’s fatigue and pain complaints (Renee Killebrew v. The Prudential Insurance Company of America, No. 17-2137, 3rd Cir., 2018 U.S. App. LEXIS 1672)....