In Damon Zaeske v. Liberty Life Assurance Company of Boston, Zaeske stopped working on April 4, 2014, due to chronic back pain. His initial application for long-term disability benefits was approved with the caveat that his medical condition would be subject to periodic evaluation. He began receiving benefits on July 6, 2014.
In late October 2014, Liberty asked for updated medical records from Zaeskes three treating physicians, but received no response. Liberty informed Zaeske that he had until December 11 to submit updated records. As of December 12, he had not done so, so Liberty denied him further benefits.