![]() ![]() ![]() Allen through functional capacity testing that objectively measured his limitations and supported his inability to perform “any occupation” on a full-time basis. Prudential thus considered his pain and fatigue “self-reported symptoms” which were limited to 24 months of benefits. Prudential also asserted that the limitation in the policy for “self-reported symptoms” to 24 months of benefits also applied because Allen’s limitations were based on pain and fatigue which could not be objectively verified. Prudential terminated Allen’s disability benefits after 24 months claiming that he was able to perform a sedentary occupation. After 24 months the definition of “total disability” in the policy changed from an inability to perform one’s “own occupation” to an inability to perform “any occupation.” Prudential paid Allen disability benefits for 24 months acknowledging that he could not return to his old occupation. He injured both is lower and upper back while at work. ![]()
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