United States Fifth Circuit

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Corry v. Liberty Life Assurance Co. of Boston, 05-50983

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.