Plan Arbitrarily Discounted Subjective Evidence, 2nd Circuit Rules

Plan Arbitrarily Discounted Subjective Evidence, 2nd Circuit Rules

NEW YORK - A disability plan administrator acted arbitrarily and capriciously by relying on the lack of objective evidence of tinnitus to deny an attorney's claim under the Employee Retirement Income Security Act, the Second Circuit U.S. Court of Appeals ruled June 26 (Ralph Miles v. Principal Life Insurance Company, et al., No. 12-152, 2nd Cir.; 2013 U.S. App. LEXIS 13065).

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