Heather Austin

Philadelphia partners Joshua Bachrach and Heather Austin prevailed on a motion for summary judgment in an ERISA disability lawsuit against the firm’s carrier client pending in the United States District Court for the District of Colorado. The plaintiff stopped working as a physical therapy assistant and claimed disability due to imbalance after receiving a cochlear implant. She also had a heart condition and a prior spinal fusion and was treated for anxiety and depression. After receiving benefits for two years, the plaintiff failed to prove that she was totally disabled. Under de novo review, the court concluded that the denial of disability benefits was correct. While the plaintiff claimed that she needed an assistive device to walk, Josh and Heather produced surveillance video that showed her walking a dog in deep snow for several blocks with no apparent balance problem. The court also rejected the plaintiff’s argument that the client should have done more to investigate the claim before denying benefits.