In a recent long-term disability case, the claimant, "Adrienne," was a project manager and master plumber covered by a short-term and long-term disability plan (the Plan) when she went on disability leave due to multiple sclerosis and related conditions. Kemper National Services, Inc. and later Broadspire Services, Inc. administered the Plan. The Plan paid Adrienne short term disability benefits for twenty-four months but denied Adrienne's claim for long term disability benefits on the grounds that she was not disabled under the "any-occupation" standard in the Plan. The district court dismissed Adrienne's case so she appealed to the Sixth Circuit.
During her employment as a cashier with Rite-Aid, Jeanette Colwell became blind in one eye due to a medical condition completely unrelated to her employment. Ms. Colwell informed her supervisors that it became difficult for her to drive at night due to her blindness and provided a note from her doctor regarding the same. Her supervisor, however, refused to schedule her exclusively during the day because the supervisor felt it would be unfair to other employees. Ms. Colwell eventually resigned her employment by submitting a note indicating that she felt she was treated unfairly.
In March 2010, the 7th Circuit remanded two Social Security disability cases to Administrative Law Judges in Illinois, finding that they had not reasonably supported denying benefits to claimants. Parker v. Astrue, Nos. 09-2270, 09-2722 (7th Cir. 2010). The Judge denied benefits to both claimants despite stating that their medcially determinable impairments could have reasonably produced the symptoms alleged but that the witnesses were not "entirely credible."