Brininger LTD FEBRUARY 2001 DISTRICT COURT ERISA CASE SUMMARIES

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Supreme Court

First Circuit

Maine

 

Second Circuit

 

Third Circuit

 

Fourth Circuit

South Carolina

Virginia-Eastern District

 

Fifth Circuit

Sixth Circuit

Seventh Circuit

Illinois-Northern

Saliamonas v. CNA, Inc., 127 F. Supp. 2d 997, 1000 (N.D. Ill. Jan. 2001)-Dr. Barr's determination of disability is corroborated by the fact that Mr. Saliamonas is receiving Social Security disability benefits for his disability, and CNA has been aware of this since June 30, 1999. The Social Security definition of disability is "inability to engage in any substantial gainful activity." 42 U.S.C. § 423(d)(1)(A) (emphasis added). That is even narrower than the definition provided by CNA, which requires only an inability to perform one's own occupation, not any occupation. The fact that the Social Security Administration  found him to be disabled under a stricter standard than CNA, while not conclusive, is certainly probative of disability. See Halpin v. W.W. Grainger, Inc., 962 F.2d 685, 695 (7th Cir. 1992).

Indiana-Southern

 

Eighth Circuit

Ninth Circuit

 

Tenth Circuit

Eleventh Circuit

D.C. Circuit

 

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