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Re: Man With Controversial Illness Can Get Benefits

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Excellent judicial statement:

" Failing to pay out money owed based on a false statement of reasons for

denying is cheating, every bit as much as making a false claim. "

In a message dated 3/9/2011 12:52:30 P.M. Pacific Standard Time,

kmtown2003@... writes:

Failing to pay out money owed

based on a false statement of reasons for denying is cheating, every bit

as much

as making a false claim. "

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This is great! This story is almost exactly like mine word for word except the

only difference it's a large company that has to pay out the money instead of

state disability.... They still won't award me disability because mine is coming

from the state and not a multi-billion dollar company! As long as the state

doesn't have to pay the money it's easoer to win your case.... I take offense to

the word " controversial " in the title!

PS. I call this illness the flu from hell that never goes away!!! :(

~Dana

thanks for posting

>

> We always like to see a win,  ;)

>

> Man With Controversial Illness Can Get Benefits

> http://www.courthousenews.com/2011/03/08/34742.htm

>

>

> (CN) - Honda must award long-term disability payments to a 47-year-old

> man suffering from extreme Chronic Fatigue Syndrome, the 9th Circuit ruled,

> finding that the insurance company's denial of those benefits was

" implausible "

> and " illogical. "

>

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Maybe someone can clarify this for me.... When you speak of disability ,are you

speaking of something that you have paid for?? short and long term disabilty.

This is not the same as retirement, I take it. I have been approved for state

retirement at an age of 56. It was just made permanent a few weeks ago. Of

course my heart attack has added additional burden on my body. I don't know if I

would have gotten it on just mold exposure alone.

Kathi

[] Re: Man With Controversial Illness Can Get Benefits

This is great! This story is almost exactly like mine word for word except the

only difference it's a large company that has to pay out the money instead of

state disability.... They still won't award me disability because mine is coming

from the state and not a multi-billion dollar company! As long as the state

doesn't have to pay the money it's easoer to win your case.... I take offense to

the word " controversial " in the title!

PS. I call this illness the flu from hell that never goes away!!! :(

~Dana

thanks for posting

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ggod one K. thanks for posting.

>

> We always like to see a win,  ;)

>

> Man With Controversial Illness Can Get Benefits

> http://www.courthousenews.com/2011/03/08/34742.htm

>

>

> (CN) - Honda must award long-term disability payments to a 47-year-old

> man suffering from extreme Chronic Fatigue Syndrome, the 9th Circuit ruled,

> finding that the insurance company's denial of those benefits was

" implausible "

> and " illogical. "

>

>      The federal appeals court in Pasadena reversed

> a District Court ruling that said Honda's ERISA plan administrator was right

in

> denying benefits to Salomaa.

>

>      By all accounts, Salomaa, who attended Harvard and

> Massachusetts Institute of Technology, was an ideal employee of the American

> Honda Motor Company in Southern California for more than 20 years before he

took

> ill in 2003. Fellow employees and supervisors described him as an active,

> hard-working and intelligent man, and, according to one supervisor quoted in

the

> ruling, " one of the few people in Southern California to walk or jog to

> work. "

>

>      That all changed after a bout with the flu in

> 2003. After three days off sick, Salomaa returned to work a changed man. Small

> tasks left him completely exhausted, and he even showed signs of diminished

> intellectual capacity.

>

>      After seeing several doctors he was eventually

> diagnosed with Chronic Fatigue Syndrome, a disease for which there are few

> objective tests and on which doctors rely primarily on patient-reported

symptoms

> for diagnoses. Nevertheless, doctors who examined Salomaa reported that he had

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