. . . are resolved" and that her "primary disability" is back pain. Id. at 129.
*1195 On September 12, 2006, plaintiff sent a letter in support of her appeal to defendant, stating that her "psych issues have resolved" and that she was no longer being treated by Brian Smith. She enclosed a letter from Dr. Cyphers, dated September 1, 2006, in which he explained that he had been treating plaintiff for two years for "orthopaedic concerns" and that she had developed chronic lower back pain. Id. at 399. He reiterated that as he had "previously stated in forms submitted . . . she is permanently disabled as a result of her back condition." Id. at 400.
Defendant then arranged for plaintiff to undergo a Functional Capacity Evaluation. Id. atto any of the materials in the file. Id.
The denial review was performed for defendant by Dr. Ajendra Sohol, who reviewed the claim file and concluded that it supported the conclusion that plaintiff could perform sedentary work. Id. at 16-21.
Plaintiff's attorney filed her appeal on November 8, 2007, asserting that she was unable to perform sedentary work due to her back pain and that, even if she were, nursing is not a sedentary occupation. Id. at 31-45. On February 26, 2008, defendant notified plaintiff's attorney that termination of benefits was appropriate because she was not entitled to payments after twenty-four months unless she was unable to perform any occupation for which she was qualified and to the extent that her disability was contributed to by a mental health