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11th Circuit Mandates Proactive Gathering and Review of SSA Information in LTD Claim Review
Womble Carlyle Link to more items from this source
Feb. 12, 2014
"Without asking Plaintiff for the information generated during the SSA investigation, LINA upheld its denial on the second appeal, explaining in the letter that the SSA decision was independent of its decision.... While the Court recognized that Plaintiff had the burden of establishing her entitlement to benefits, and that LINA was not required to 'ferret out evidence in [Plaintiff's] or the SSA's possession,' it found it 'troubling' that LINA 'treated the SSA process and the evidence generated by it as irrelevant and unavailable' once it had denied Plaintiff's claim at the initial level." [Melech v. Life Insurance Co. of North America (LINA), No. 12-14999 (11th Cir. Jan. 6, 2014)]

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