4/26/2006, Webb v. Unum

Click to access USCOURTS-alnd-2_02-cv-02980-0.pdf

The letter specifically identified a Functional Capacities Evaluation (FCE) conducted on July 22, 1999 as a basis for concluding Ms. Webb was not eligible for continued long term disability benefits… 

In her report Ms. McGonagle states that during the interview:  The claimant sat comfortably in a straight-back chair during the hour long interview and did not complain of any or discomfort. She did not appear to be in pain and appeared to sit, stand and walk normally without any obvious signs of discomfort or pain…

3. The claimant, who is 44, makes repeated references to “needing my mommy.”
4. The claimant is taking a number of anti-depressants in relatively high doses.

Like many of McGonagle’s “declarations” it is not explained how she reached the conclusion that Webb deliberately failed to return in order to miss the December appointment.

The physical examination took place between 11:45 a.m. and 2:00 p.m. Ms. Webb was tested for tolerances for sitting, standing, walking, overhead reach, forward reach, stair climbing, squat, kneel, balance, gross grasp, fine manipulation and gross manipulation. Anomalies were noted in walking, stair climbing, and overhead reach…

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