Weitzenkamp v. Unum Life Ins. Co. of America

Dist. Ct. erred in granting defendant-plan's motion for summary judgment in ERISA action challenging defendant's denial of plaintiff's request for long-term disability benefits based on plaintiff's fibromyalgia, where defendant relied upon self-reported symptoms limitation clause in plan that required discontinuance of disability benefits where, according to defendant, plaintiff's disability was based on self-reported symptoms of pain and fatigue that could not be verified using objective tests. Record showed that plaintiff's fibromyalgia was not primarily based on self-reported symptoms, but rather was based on verifiable evidence of its manifestations, so as to preclude defendant from relying on self-reported symptoms limitation to deny instant application.