Court throws back red herring in fibromyalgia disability case

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 February 16, 2017 2:36 PM

A federal court in Michigan recently issued a ruling accusing an insurance company of committing a logical fallacy in adjudicating a disability benefit claim involving fibromyalgia.In Tobin v. Hartford Life & Accident Insurance Co., 2017 WL 510338 (W.D. Mich., Feb. 8, 2017), the plaintiff, Mary Beth Tobin, had been employed in Florida by Disney Worldwide Services as manager of costuming operations. Tobin had to cease working, though, on Oct. 2, 2012, on account of fibromyalgia and hypertension. She moved to Michigan …

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