Mark C. Hawkins v. First Union Corporation Long-Term Disability Plan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that there is no “logical incompatibility between working full time and being disabled from working full time”
• holding that the insurer’s discretion to review a claim is riot unlimited and indeed cannot be upheld if “the record contains nothing more than scraps to offset the evidence” presented by the claimant and her doctor
• stating that a fibromyalgia sufferer’s choice to “push[ ] himself to engage in a certain amount of painful and fatiguing activity.... does not prove that he is not disabled”
• explaining that fibromyalgia can be diagnosed “more or less objectively” by the tender-points test
• noting that \the amount of pain and fatigue that a particular case of [chronic fatigue syndrome] produces cannot be [measured objectively]\ and rejecting medical opinion \that because it is subjective [the claimant] is not disabled\
• reversing a benefit denial where an insurer offered “nothing more than scraps to offset the evidence presented” by a claimant

Source: CourtListener parenthetical corpus (CC0).