I have attached a Motion For Summary Judgment (names are changed) ('MSJ')that I drafted for a Long Term Disability ('LTD') case. A MSJ is a standard dispositive pleading for a LTD case. An interesting detail in this motion was that Ms. Baker offered evidence (Jud's affidavit) outside the administrative record for the district court's review. This is an exception to the general rule that the evidentiary record reviewed by the court closes at the end of the administrative phase. Here, Judd's testimony outside the administrative record explained the medical terminology related to Ms. Baker's claim that he had used in his original Functional Capacity Exam ('FCE'). Judd made clear that his FCE demonstrated that Ms. Baker was able to work only 2-3 hours per day versus 8 hours as the insurer and its experts had incorrectly interpreted.

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