Third Circuit Court of Appeals Victory for a Southwest Virginia Coal Miner’s Disability Claim

long-term disability

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In a recent landmark decision by the Third Circuit Court of Appeals, a coal miner from Southwest Virginia emerged victorious in his long-fought battle to secure disability benefits. The miner, who faced considerable challenges in having his disability claim recognized, was compelled by his previous employer, Consol Energy, to pursue legal action in Pennsylvania, far from his home in Southwest Virginia. Fortunately, with the help of local Pennsylvania counsel, we were able to convince the Third Circuit Court of Appeals to reverse the decision of the trial court.

The Core of the Dispute

At the heart of this legal battle was the coal miner’s eligibility for long-term disability benefits. Represented by the BenGlassLaw long-term disability team, the case unfolded in the Third Circuit Court of Appeals. You can listen to the oral argument in the Third Circuit Court of Appeals here. Despite the miner’s several years of recognized disability status, the employer’s disability plan abruptly deemed him “recovered” enough for employment. This was in stark contrast to the unanimous consensus of his treating physicians that he was physically unable to resume his previous role as a coal miner.

Scrutinizing Job Roles and Medical Evidence



A pivotal aspect of this case involved a detailed examination of the miner’s employment history and the exact nature of his job responsibilities. It was critical to accurately determine his job functions to assess his eligibility for disability benefits accurately.

Additionally, the case encountered significant issues due to inaccuracies in the job title provided by the employer, complicating the assessment of the miner’s ability to work. The Third Circuit found that the employer’s misrepresentation of the miner’s job description influenced the erroneous conclusion that he could return to his position. In evaluating the case, Consol’s long-term disability administrator, Lincoln Financial, had carelessly presumed that our client was the supervisor of the mine, not the leader of a twelve man crew who dug deep into the coal mine every day.

The role of medical evidence was also under the microscope, highlighting the significance of thorough and impartial medical evaluations in disability claims. Notably, none of the medical professionals whose reports were used to justify the termination of the miner’s benefits had personally examined him.

Social Media and Disability Claims


An intriguing facet of the case was the discussion on the admissibility of social media content as evidence in disability claims. We argued that it was unfair to use vague and non-specific social media posts to challenge a claimant’s disability status, especially when such posts did not conclusively prove the individual’s participation in any disqualifying activities.

Questionable Reductions in Disability Payments


The case also shed light on the employer’s questionable practice of reducing disability payments based on payments made by the Social Security Administration to the coal miner’s family due to his disability. It was suggested that this approach was not only applied to the miner in question but could be a widespread tactic employed against numerous disabled workers. The Third Circuit awarded past due benefits but remanded the case to the District Court to determine the proper amount of the offset, if any.

This victory in the Third Circuit Court of Appeals marks a significant triumph for not only the coal miner but also for the broader community of individuals fighting for their rightful long-term disability benefits. It underscores the importance of accurate job descriptions, the critical role of medical evidence, and the careful consideration of all evidence, including that derived from social media, in adjudicating disability claims.

The claim has a net present value of about $550,000, since the claimant will now be entitled to long term disability benefits to about age 66 (as long as he continues to meet the definition of disability.

The BenGlassLaw long term disability team represents clients all over the country.