Doe v. Unum Life Insurance Co. of America
Doe v. Unum Life Insurance Co. of America
Opinion of the Court
MEMORANDUM AND ORDER ON FORM OF JUDGMENT
Following , a bench trial on a stipulated record, this Court concluded that plaintiff is disabled under his former employer’s long-term disability plan (the “Plan”).
• Plaintiff incorrectly assumes that this Court failed to consider his request' for remand on the mental illness issue, which both parties addressed in their trial briefs. In fact, the Opinion-which “constitutes the Court’s findings of fact and conclusions' of law”
As noted above, the Plan caps the benefits period for all disabilities due. to “mental illness” at 24 months. The plan defines “mental illness” as “a psychiatric or psychological condition classified in .the [DSM], published by the American Psychiatric Association, most current as of the start of disability.”
Plaintiff asserts that his disability is not a “mental illness” because his conditions are “biologically based,” citing Fitts v. Unum Life Insurance Co. of America.
Plaintiff, argues also in his reply trial brief that remand is necessary to determine “in the first instance whether Plaintiffs diagnoses are biologically based illnesses' or ‘psychiatric or psychological’ conditions” because “[t]he DSM does not define ‘psychiatric or psychological.’ ”
The Plan defines “mental illness” as “a psychiatric or psychological condition classified in the [DSM].” Plaintiff appears to think it is not enough for a condition to appear in the DSM to qualify as a “mental illness” under the Plan, but rather that the DSM additionally must define the condition as “psychiatric or psychological.” But by its very definition the DSM “provides a classification of mental disorders.”
The DSM anticipates also plaintiffs false dichotomy between “biologically based illnesses” and “psychiatric or psychological conditions,” explaining that “the term mental disorder unfortunately implies a distinction between ‘mental’ disorders and ‘physical’ disorders that is a reductionistic anachonism of mind/body dualism. A compelling literature documents that there is much ‘physical’ in ‘mental’ disorders and much ‘mental’ in ‘physical’ disorders.”
Accordingly, the Court has signed defendant’s proposed judgment.
SO ORDERED.
. 116 F.Supp.3d 221, 2015 WL 4139694 (S.D.N.Y. July 9, 2015) ("Opinion”).
. See Trial Ex. C at Policy 030. (Henceforth, trial exhibits are cited "Ex.”)
. Opinion at *9.
. Id. at *2 (quoting Ex. C at Policy 030) (emphasis in original).
. Id. at *9 (emphasis added).
. Ex. C. at.Policy 041.. The DSM-IV-TR (2000) was most current as of the start of plaintiffs disability.
. Opinion at *9.
. Id. at *1.
. 520 F.3d 499, 501-02 (D.C.Cir. 2008).
. Id. at 500.
. Plaintiff’s Reply Tr. Br. at 10 [DI 84, filed under seal].
. American Psychiatric Association, DSM-IV-TR Introduction at xxx (4th ed. 2000) (emphasis added).
. Id. (emphasis in original).
Reference
- Full Case Name
- John DOE v. UNUM LIFE INSURANCE COMPANY OF AMERICA
- Status
- Published