WEITZENKAMP v. UNUM LIFE INS. CO. OF AMERICA

Nos. 10-3898, 11-1006.

661 F.3d 323 (2011)

Susie WEITZENKAMP, Plaintiff-Appellant, Cross-Appellee, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 20, 2011.

Rehearing and Rehearing En Banc Denied October 25, 2011.


Attorney(s) appearing for the Case

Alan C. Olson (argued), Attorney, Olson & Associates, New Berlin, WI, for Plaintiff-Appellant, Cross-Appellee.

Terrance J. Wagener (argued), Attorney, Messerli & Kramer P.A., Minneapolis, MN, for Defendant-Appellee, Cross-Appellant.

Before ROVNER and HAMILTON, Circuit Judges, and LEFKOW, District Judge.


LEFKOW, District Judge.

After being diagnosed with fibromyalgia, chronic pain, anxiety, and depression, Susie Weitzenkamp was awarded long-term disability benefits under an employee benefit plan ("the plan") issued and administered by Unum Life Insurance Company ("Unum"). Benefits were discontinued a little more than twenty-four months later, when Unum determined that Weitzenkamp had received all to which she was entitled under the plan's self-reported symptoms limitation...

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