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Fourth Circuit Reverses Win for Hartford in Dispute Over Long-Term Disability Benefits
Roberts Disability LawLink to more items from this source
Dec. 9, 2021

"The court found that the district court did not err by granting Hartford's motion to strike the extra-record evidence. The court was persuaded that exclusion of Dr. Whittenberg's letter was proper because Shupe failed to demonstrate a persuasive reason why he did not present the letter during the administrative appeal.... [The court also found that the functional capacity evaluation (FCE) which] set in motion Hartford's decision to terminate Shupe's benefits ... is internally inconsistent and represents an outlier." [Shupe v. Hartford Life & Accident Ins. Co., No. 19-1854 (4th Cir. Dec. 7, 2021)]

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