United States Seventh Circuit

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HAWKINS v. FIRST UNION CORP. LONG-TERM DISABILITY PLAN, 02-3100

A plan medical consultant's findings as to a fibromyalgia patient's total disability and ability to work were arbitrary and capricious under ERISA, thus denial of an application for long-term disability benefits was unreasonable.

Appellate Information

  • Argued 02/25/2003
  • Decided 04/22/2003
  • Published 04/22/2003

Judges

  • POSNER, Circuit Judge., Before POSNER, COFFEY, and WILLIAMS, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Andrew M. Plunkett (argued), Childress & ZDEB, Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • Thomas G. Hancuch (argued), Edward C. Jepson, Jr., Vedder, Price, Kaufman & Kammholz, Chicago, IL, for Defendant-Appellee.
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