Josh Bachrach (Partner-Philadelphia, PA) and Hannah Symonds (Of Counsel-Raleigh, NC) secured summary judgment for the firm’s carrier client in an ERISA long-term disability lawsuit in the United States District Court for the Eastern District of Missouri. The plaintiff, a truck driver, sought long-term disability benefits due to neck and back problems after claiming she was assaulted by a co-worker. The claim was denied based on the policy’s preexisting conditions limitation because the plaintiff was treated for neck and back problems within 12 months of her effective date of coverage. The court rejected the plaintiff’s argument that the treatment record relied upon in denying the claim was misdated. Under de novo review, the court concluded that the plaintiff was not entitled to benefits because she received treatment for chronic neck and back pain during the policy’s look-back period. Therefore, Josh and Hannah’s client was entitled to judgment in its favor.