The impact of vocational evidence in ERISA lawsuits and the court's reliance on the opinions of vocational experts

Issue title: HIV/AIDS and Employment, Part 2

Article type: Research Article

Authors: Sleister, Stephanie L.

Affiliations: GENEX Services, Bartonville, IL 61607, USA

Note: [] Address for correspondence: Stephanie L. Sleister, Ph.D., ABVE DIPLOMATE 2712. S. Skyway Drive, Bartonville, IL 61607, USA. Tel.: +1 217 787 7795; Fax: +1 866 260 8599; E-mail: [email protected]

Abstract: This article examines the vocational evidence used in determining disability in ERISA (Employee Retirement Income Security Act of 1974) claims. Since federal law governs the interpretation of ERISA insurance policies [2], if a dispute arises under an employer-sponsored long-term disability plan, it falls under the jurisdiction of ERISA litigation. The primary issue in an ERISA denial of benefits action is whether the plan administrator's final decision was arbitrary, capricious or an abuse of discretion. Disability determinations in these policies rely on vocational evidence. This article reviews (a) the standards of disability determination in long-term disability policies and (b) the vocational evidence used to determine disability.

Keywords: vocational expert, testimony, ERISA, lawsuits, long-term disability

Journal: Journal of Vocational Rehabilitation, vol. 22, no. 3, pp. 143-147, 2005