Feldman v. American Memorial Life Insur. Co., 1999 U.S. App. LEXIS 29360 (7th Cir. November 9, 1999).After suffering two accidents while working for American Memorial Life Insurance Co., formerly known as Prairie States Life Insurance Co., Donna Feldman filed for worker's compensation and Social Security Disability Insurance, and was terminated soon afterward. Among her list of claims against Prairie States was a claim under ERISA § 510, which prohibits employers from frustrating their employees' attainment or enjoyment of benefit rights. This district court was correct in finding that Feldman failed to make a prima facie claim because she was she was not eligible for the claimed benefits in the first place, and was therefore not a member of the protected class. The evidence showed that she was not "totally disabled" for the duration of a ninety-day elimination period, as required by her insurance policy.
