United States Fifth Circuit

In an ERISA action arising from the termination of disability benefits for plaintiff whose claim for disability arose from fibromyalgia, summary judgment for plaintiff is reversed where: 1) a long-term disability plan administrator did not abuse its discretion by terminating the benefits to plaintiff; and 2) its basis for the termination was supported by substantial evidence, including medical opinions of three well-qualified specialists clearly stating that there was no verifiable objective medical evidence to support the claim of disability.

Appellate Information

• Decided 08/28/2007
• Published 08/29/2007

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, PRADO and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• W. Bailey Barton (argued), Law Offices of W. Bailey Barton, San Marcus, TX, for Plaintiff-Appellee., Scott A. Lemond (argued), Lemond & Ross LLC, Anouchka Maria Oppinger, Joseph Tan Tung, Seyfarth Shaw, Houston, TX, for Defendant-Appellant.