Creel v. Wachovia Corporation
Jan 27, 2009OUTCOME: Summary judgment vacated and remanded.
The Eleventh Circuit Court of Appeals held it unreasonable for the ERISA claims administrator to deny the claim for lack of objective medical evidence where the claimant provided ample subjective evide ... nce of a disability and the administrator neither identified any objective evidence that the claimant could have supplied to support the claim nor had the claimant undergo an IME or a similar in-person probative procedure to test the validity of her complaints.
