Decisions, Decisions (August-October 2023)

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• D. Oregon

  • Administrator could not avoid the findings of impairment in neuropsychological testing based on “validity markers” it did not address in its initial denial. Benefits granted. (Turkoly v. Lincoln National Life (de novo/“own occupation”).)

• N.D. Cal.

  • Administrator’s grounds for finding improvement in claimant’s longstanding neck and back pain “just not supported by the record” and subject to a flawed vocational analysis. Benefits granted. (Irivani v. Unum (de novo/“any occupation”).)

• E.D. Cal.

  • After finding grounds for “moderate” skepticism, administrator abused its discretion by failing to develop facts about claimant’s abilities, misleadingly characterizing the record, relying on an inadequate “paper” review, and failing to distinguish SSDI’s contrary disability determination. Benefits granted. (Chacko v. AT&T Umbrella Benefit Plan (abuse of discretion/”any employment”).)