First Circuit rules that recovering addict entitled to Disability benefits

In Colby v. Union Security Insurance Company & Management Company for Merrimack Anesthesia Associates Long Term Disability Plan, et al., the First Circuit Court of Appeals created a circuit-split in ruling that a recovering addict can get LTD benefits.

The Court held that “a risk of relapse into substance dependence — like a risk of relapse into cardiac distress or a risk of relapse into orthopedic complications — can swell to so significant a level as to constitute a current disability.”

The opinion, written by Judge Bruce M. Selya, is available here.

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