Regional Vice President of Sales The Retirement Plan Company
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Text of 6th Circuit Ruling: Employer Cannot Rely on 'Theoretical' Job to Deny Disability Benefits (PDF)
U.S. Court of Appeals for the Sixth Circuit Feb. 17, 2014 "[T]o the extent that the administrator interpreted the Plan language -- requiring that the claimant's disability prevents him 'from engaging in any occupation or employment for remuneration or profit' -- to include a job that exists only in theory, that interpretation is in error.... Just as 'every business or occupation' does not include literally every form of earning money, 'any occupation or employment' also does not include jobs that exist only hypothetically." [Kyle Kennard v. Means Indus., Inc., No. 13-1911 (6th Cir. Feb. 13, 2014)] |
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