Affiliations: GENEX Services, Bartonville, IL 61607, USA
Note: [] Address for correspondence: Stephanie L. Sleister, Ph.D., ABVE
DIPLOMATE 2712. S. Skyway Drive, Bartonville, IL 61607, USA. Tel.: +1 217 787
7795; Fax: +1 866 260 8599; E-mail: stephaniesleister@sbcglobal.net
Abstract: This article examines the vocational evidence used in determining
disability in ERISA (Employee Retirement Income Security Act of 1974) claims.
Since federal law governs the interpretation of ERISA insurance
policies [2], if a dispute arises under an employer-sponsored long-term
disability plan, it falls under the jurisdiction of ERISA litigation. The
primary issue in an ERISA denial of benefits action is whether the plan
administrator's final decision was arbitrary, capricious or an abuse of
discretion. Disability determinations in these policies rely on vocational
evidence. This article reviews (a) the standards of disability determination in
long-term disability policies and (b) the vocational evidence used to determine
disability.
