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LONG-TERM DISABILITY AWARD

CD was seriously injured. He collected long-term disability benefits for several years, and then was cut off. His employer's Disability Committee claimed that CD was not "disabled" under the policy because he could perform "sedentary" work, despite his debilitating back injury. CD was compelled to arbitrate his claim for disability.

At arbitration, CD had to prove that the decision of the Disability Committee was "arbitrary and capricious" under the Employment Retirement Income Security Act - one of the highest standards of proof for an employee to meet. In 2004, The arbitrator heard the evidence from both parties and awarded full long term disability benefits to CD, both retroactively and prospectively.

EF was seriously injured and disabled. He collected long-term disability benefits and was cut off by his employer's Disability Committee. He filed a complaint in Federal Court, and both sides moved for summary judgment. The District Court remanded the case back to The Disability Committee and awarded counsel fees to Raymond Nardo for his successful representation. The case ultimately settled.


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