×

KELLY D. SIMPKINS AND KEVIN A. ROGERS OBTAIN SUMMARY JUDGMENT IN ERISA LAWSUIT

On March 22, 2018, Kelly D. Simpkins and Kevin A. Rogers obtained a summary judgment in an ERISA lawsuit in which the plaintiff asserted that her disability benefits had been improperly terminated.  The defendant paid disability benefits for over ten years; however, as part of its continued evaluation, the defendant discovered that plaintiff’s description of her own activities exceeded her claimed limitations. Defendant discontinued benefits after considering reports from three medical professionals who each examined the plaintiff, as well as surveillance of the plaintiff.  The defendant upheld its decision on appeal after considering medical evidence by plaintiff and an independent medical review.  Plaintiff filed a lawsuit, but the court granted summary judgment since it concluded that the defendant’s decision was supported by substantial evidence and was not arbitrary and capricious.

Copyright 2018 Wells, Marble, and Hurst, PLLC. All rights reserved.