Ruling holds cause of disability not necessary to claim benefits

Workplace Issues

By Mark D. DeBofsky

Mark D. DeBofsky is a name partner of DeBofsky, Sherman & Casciari P.C. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage, and Social Security law. He can be reached at mdebofsky@debofsky.com.

Posted June 25, 2019 5:19 PM

Does a claimant seeking disability need to prove the cause of disability to qualify for benefits? According to a recent federal decision from Georgia, the answer is no.Arthur Lesser IV, the plaintiff in Lesser v. Reliance Standard Life Insurance Co., 2019 WL 2416926 (N.D. Ga. June 4, 2019), worked as a software engineer for Johnson Outdoor Inc. between May 2011 and February 2016 until he had to cease working due to multiple diagnoses: (1) severe daytime hypersomnolence, (2) memory loss, (3) obstructive sleep apnea, (4 …

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