United States First Circuit

In plaintiff's ERISA action, district court's summary judgment ruling upholding the termination of plaintiff's long-term disability benefits by defendant-administrator is affirmed as, the dispute in this case is not whether plaintiff is afflicted with fibromyalgia or chronic fatigue immune dysfunction, but that he has not met his burden of showing that these conditions rendered him unable to perform any job for which he is qualified.

Appellate Information

• Decided 01/19/2010
• Published 01/19/2010

Judges

• HOWARD, Circuit Judge., Before LIPEZ, STAHL and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bernard A. Kansky, with whom Kansky & Associates was on brief, for appellant.


• For Appellees:
  
• Edward P. O'Leary, with whom Fitzhugh & Mariani LLP was on brief, for appellees.