RICHMOND, Va. – A plan administrator abused its discretion under the Employee Retirement Income Security Act by denying disability benefits to a claimant where objective evidence indicated that the claimant suffered from rheumatoid arthritis, osteoarthritis and fibromyalgia and the claimant reported subjective complaints of pain, the Fourth Circuit U.S. Court of Appeals affirmed Jan. 24 (Rebecca DuPerry v. Life Insurance Company of North America, No. 10-1089, 4th Cir.; 2011 U.S. App. LEXIS 1399).
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