Levine v. Life Insurance Co. of North America
Levine v. Life Insurance Co. of North America
Opinion of the Court
MEMORANDUM
Currently pending before the Court are Plaintiff Cheryl Levine’s and Defendant Life Insurance Company of North America’s cross-Motions for Summary Judg
I. FACTUAL BACKGROUND
A. The Disability Plan
On December 12, 2014, Plaintiff initiated the current litigation based on Defendant’s denial of short-term disability benefits under an employee welfare benefit plan governed by the Employee Retirement Income Security Act (“ERISA”).
The Plan is a Group Insurance Policy— identified as Policy F.L.K. 908830—estab-lished by Quest Diagnostics for its employees and issued by Defendant Life Insurance Company of North America (“Cigna” or “Defendant”) to Quest.
B. Plaintiff’s June 11, 2013 Claim Under the Plan
At the time of her initial claim, Plaintiff was sixty years old.
On June 11, 2013, Plaintiff called in a claim to Cigna that she was unable to work due to depression, anxiety, headaches, and difficulty concentrating.
Cx [claimant] reports that in 2008 she lost her only child. Cx states that she*254 has received a lot of support from Compassionate Friends. Cx states it has been very difficult. She states that this is the fifth anniversary of his death. She states that there are also a lot of changes at work. Has been with Quest for 20 years. Cx states she is a hospital service representative and at times has difficulty going into the hospital because she states son died due to hospital negligence. Cx states that there is a lot of expectation with job. Cx states she has sleeplessness and anxiety, panic attacks. Cx states she has difficulty driving not due to panic but states when she leaves a hospital at times she is so angry at hearing things that to her are inconsequential she cannot drive and do another hospital visit because of her anger and depression that she is the one who lost a son. Cx states that she is depressed, angry and gets irritable. Cx states that she feels hopeless, feels amotivated. Cx states that she does not care if she wakes up at all. Cx states she is not going to hurt self but just does not care, Cx states that initially she did a lot of things in her son’s name to help her with her grief but states that is [sic] never goes away.
Restricting provider—Dr. Jalil, PCP and Dr. Wittman, Ph.D. Cx states that she is on anti-depressant—lexapro and diazepam. Cx states that she has called a psychiatrist to see if maybe a different medication—has not heard back yet. Cx states that she uses a support group as well. NOV with Dr. Wittman is 7/19/13, Sees therapist q 3 weeks. NOV with Dr. Jalil is end of July.
Medically, cx reports that she is stable. No drug/alcohol use.
Cx states that she is smoking more as a result of her pent up anger and anxiety. Cx states that she got a puppy, does some volunteer work, tries to help a neighbor who is ill and who has triples all on the autism spectrum. Cx states that going to work brings up a lot of anxiety. RTW plan—cx has no plans. MD guidelines given to cx. BHS explained she would f/u with therapist and asked cx to call her with name of psychiatrist.15
Cigna notified Plaintiff on July 17, 2013 that her Short Term Disability (“STD”) benefits were approved through August 5, 2013.
Dr. Wittman noted that you cannot drive on a regular basis; however, she previously noted that you had been able to drive to all of your appointments, are able to shop when needed, and are able to visit friends and neighbors. Additionally, your current treatment is not consistent with stated severity of symp*255 toms. Dr. Wittman reported- that you . are seen bi-weekly and are attending a support group on a regular basis. However, no referrals have been made to change the level of care to a more intense level of treatment.20
Cigna also indicated that it sent a medical request to Plaintiffs primary care physician and Plaintiffs psychiatrist, Jeffrey Herman, D.O.
Plaintiff immediately appealed the September 11, 2013 decision.
Nonetheless, on October 2, 2013, Cigna affirmed its decision to discontinue Plaintiffs benefits after August 5, 2013.
On August 13, 2014, new counsel, Lance Rosen, Esq., filed a third appeal on behalf of Plaintiff.
II. STANDARD OF REVIEW
Summary judgment is proper “if the pleadings, the discovery and disclosure materials' on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.”
On summary judgment, the moving party has the initial burden of identifying evidence that it believes shows an absence of a genuine issue of material fact.
“The rule is no different where there are cross-motions for summary judgment.”
III. DISCUSSION
A, Standard of Review Applicable to the Denial of Benefits
The parties in this case dispute the standard of review applicable to Defendant’s denial of benefits. Plaintiff asserts that a de novo standard of review must apply because the Plan did not specifically provide Cigna with discretionary authority. Defendant asserts that the Court’s review remains restricted to an arbitrary and capricious standard because Defendant retains discretion under the Plan to determine benefits.
The United States Supreme Court has explained that, when evaluating challenges to the denial of benefits, district courts are to review the plan administrator’s decision under a de novo standard of review, unless the plan grants discretionary authority to the administrator or
Discretionary authority “is not conferred by the mere fact that a plan requires a determination of eligibility or entitlement by- the plan administrator.”
When exercising de novo review, “the role of the court is to determine whether the administrator ... made a correct decision.”
B. Review of the Denial of Benefits
Having determined the applicable standard of review, the Court now turns to the accuracy of Defendant’s decision to deny benefits to Plaintiff under the Plan. Under the Plan:
The Insurance Company will pay Disability Benefits if an Employee becomes Disabled while covered under this Policy. The Employee must satisfy the Elimination Period, be under the Appropriate Care of a Physician, and meet all the other terms and conditions of the Policy. He or she must provide the Insurance Company, at his or her own expense, satisfactory proof of Disability before benefits will be paid.65
The- Plan defines“Disability/Disabled” as follows:
The Employee is considered Disabled if, solely because of Injury or Sickness, he or she is:
1. unable to perform the material duties of his or her Regular Occupation; and
2. unable to earn 80% or more of his or her Covered Earnings from working in his or her Regular Occupation.
The Insurance Company will require proof of earnings and continued Disability.66
“Sickness” includes “[a]ny physical or mental illness.”
This Court’s thorough review of the entire record under a de novo standard supports a finding of disability under the Plan terms. The disabling nature of Plaintiffs mental impairments finds ample support in the medical assessments of Plaintiffs treating doctors. It remains well established that “a plan administrator is
In this case, Dr. Wittman—Plaintiffs’ treating psychologist—rendered multiple assessments regarding Plaintiffs ability to return to her position at Quest. On July 15 and August 4, 2013, Dr. Wittman completed Behavioral Health Questionnaires indicating that Plaintiff was despondent, lethargic, and had difficulty with focus and sleep.
Consistent with Dr. Wittman, Dr. Herman—Plaintiffs treating psychiatrist— also opined that Plaintiff was unable to
Dr. Herman’s and Dr. Wittman’s extensive treatment notes support their assessments of Plaintiff’s condition and paint a longitudinal picture of her limitations. Dr. Herman remarked in September 2013 that Plaintiff reported doing “horribly” and that she was sick at the thought of working due to her ruminations over her son’s death.
In addition to the records from Plaintiffs treating providers, the April 28, 2014 report of independent psychological consultant Andrew Wolanin, Psy.D. bolsters Plaintiffs claim of disability.
Ms. Levine currently has significant impairment in her ability to function appropriately in the duties of her occupation. Her job as a sales manager for Quest Diagnostics requires consistent concentration, attention, detail orientation and interpersonal effectiveness. Ms. Levine’s current severe depressive symptoms prevent her from performing the required duties of her job, as she has significant sadness, anhedonia, poor concentration, poor attention, and rumination about past events. In addition, she has significant difficulties in interpersonal work situations as she continues to ruminate about her son’s death. Ms. Levine’s depressive and bereavement symptoms and functional impairment related to her son’s death prevent her from performing the duties required by her job duties.105
Dr. Wolanin concluded that Plaintiff had engaged in appropriate treatments and should continue with both her psychiatric and- psychological treatment to hopefully decrease the severity of her condition.
The Court finds Defendant’s decision to be plagued with multiple errors. First, Defendant neglected to clearly apply the proper definition of “Disability” to Plaintiffs claim. As noted above, “[disability” under the Plan is characterized by an inability to perform “the material duties” of the claimant’s “Regular Occupation.” The Third Circuit has held that the assessment of a claimant’s inability to “perform the material duties of his/her regular occupation” requires consideration of the “usual work that the insured is actually performing immediately before the onset date of disability.”
Second, Defendant’s written denial letter never acknowledged the existence of Dr. Wolanin’s opinion, let alone offered an explanation for why his conclusions were not entitled to significant weight in the disability determination. Dr. Wolanin was explicit in.his medical opinion—based on the multiple diagnostic tests, a review of records, and an interview with Plaintiff— that Plaintiff had job performance-specific disabilities. Yet, Defendant failed to consider and justify rejection of this conclusion. Even in its summary judgment papers, Defendant only cursorily mentions Dr. Wolanin and, even then, never attempts to explain why his opinion was silently dismissed in the disability determination.
In this case, the Plan provided that the insurance company may require ‘a medical examination of the Insured at its own expense.
• Defendant relied on a notation from Dr. Herman on September 5, 2013, that Plaintiff had discontinued her Wellbutrin and felt that her dog was providing more relief than the medicine. Defendant, however, failed to cite the August 14, 2013 notation that- Wellbutrin was making Plaintiff shaky, and the September 5, 2013 notation that she did not like it.123 Defendant also neglected to reference the remainder of the September 5, 2013 notation where Plaintiff reported doing “horribly,” was seeking a therapist, had depressed mood and tearful affect, and was continuing on other medications including Lexapro and Valium.124 Dr. Wittman noted that Plaintiffs dog is a part of her therapy to decrease her anxiety, and she would not be allowed to have her dog near her in a workplace.125
• Defendant commented that, in November 2013, Plaintiff had the ability to “plan for support and how to manage the holidays.” Dr. Wittman’s treatment notes, however, reflect that Plaintiffs “planning” was indicative of her grief as it was about “avoidance not celebration.”126 Indeed, notations over the course of four sessions in November 2013 reveal that Plaintiff was “consumed [with] hopelessness as the holidays approach,” could not switch gears to think about developing new celebratory traditions as opposed to just getting ■ through the days, was pushed “to the edge” by the pressure to share in others’ joys, felt constant fatigue due to her continued focus on getting through the holidays, and experienced exacerbated symptoms of griéf.127
• As evidence of her lack of disability, Defendant cited the fact that Plaintiff planned a trip to her sister’s home in Florida in early 2014. It failed, however, to mention that the trip was not recreational, but rather was taken at Dr. Wittman’s repeated*265 urging in an effort to help Plaintiff cope with her isolation.128 Dr. Witt-man noted that Plaintiff was “very anxious” about the trip because Plaintiff felt like she was abandoning her son.129 Additionally, Defendant did not mention the fact that Plaintiff continued her sessions with Dr. Witt-man by video conferences, and that she suffered anxiety being away from her son’s belongings.130
• Defendant asserted that the fact that Plaintiff performed her job for five years after the death of her son contradicts the finding of disability. Defendant again, however, disregarded Dr. Wittman’s notation that Plaintiff “had a very supportive and protective boss who overlooked her diminishing professionalism. In 2013, this boss left and under the new management she was unable to conceal her functional limitations.”131 Moreover, Dr. Wittman reported that Plaintiffs anxiety was becoming more debilitating and rendering her increasingly incapable of performing her job.132
• Defendant remarked that the doctors’ frequent notations of Plaintiffs good insight, judgment, and cognition are inconsistent with an individual who is disabled due to grief and anxiety. Yet, in these same notations, Plaintiff was consistently described as having a tearful and anxious affect and a depressed mood. The doctors’ letters indicate that these latter symptoms—her depression, hopelessness, anxiety, and complicated grief—are what interfered with her ability to work, and not her lack of insight, judgment, or cognition.
• Defendant relied on the fact that Plaintiff was reported to be active in the nonprofit she started in her son’s memory, and in mentoring others at a support group. As Dr. Wittman remarked, however, these activities may not have been entirely positive and may have been “another way to stay with [Plaintiffs] all consuming grief.”133 In other words, Plaintiff remained engaged with activities that allowed her to remained focused on her son’s death and her related despair. Such activities do not reflect the ability to engage in unrelated work that requires her to focus on something other than her grief.
In short, Defendant selectively isolated statements from the medical documents in an effort to reach a decision, contrary to that of Plaintiffs treating and examining medical providers. When read in context, those same statements actually bolster and support the three unequivocal medical opinions that Plaintiffs depression, anxiety, and Complex Bereavement Syndrome render her disabled from her prior position at Quest.
Having reviewed the entirety of the record, the Court concludes that the medical evidence compels a finding that Plaintiff was disabled aS defined in the Plan. Both treating providers expressly opined— based on their well-documented, longitudinal observations—that Plaintiff could not return to work. The consultative psychologist concurred after a full examination, review of the record, and a battery of psychological assessments. Defendant relied on unreasonable inferences made from isolated and out-of-context notations in the
C. Appropriate Remedy
[18,19] In an ERISA benefits case, a court has discretion in fashioning a remedy.
Here, Defendant did not misinterpret the Plan, apply the wrong standard, or act on an incomplete medical record. Instead, Defendant repeatedly failed to fully and fairly consider the medical record as a whole; had Defendant done so, Plaintiff would have received benefits. Therefore, remand is unwarranted in this case and Plaintiff is entitled to summary judgment on her claim for benefits,
D. Attorney’s Fees
Section 502(g)(1) of ERISA provides that “[i]n any action under this sub-chapter ... by a participant, beneficiary, or fiduciary, the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.”
iy. CONCLUSION
In light of the foregoing, the Court grants Plaintiffs Motion for Summary Judgment in its entirety and denies Defendant’s Motion for Summary Judgment, and will grant attorney’s fees upon the filing of an appropriate petition. An order will be entered.
. 29U.S.C. § 1132(a).
. Administrative Record ("A.R.”) 000745-000806.
. Id. at 000750-51.
. Id. at 000757.
. Id. at 000769.
. Id. at 000770.
. Id.
. Id. at 000001.
. Id. at 000022, 000179.
. Id. at 000131, 000642.
. Id. at 000583.
. Compl. ¶ 13.
. Id. ¶ 15.
.A.R. 000255.
. Id, at 000131.
. Id. at 000327.
. Id, at 000316-17.
. Id. at 000317.
. Id.
. Id.
. Id.
. Id.
. Id, at 000310.
. Id, at 000682.
. Id, at 000307-09.
. Id, at 000668.
. Id, at 000297, 000299.
. Id. at 000281-84.
. Id, at 000615.
. Id, at 000281-84.
. Id, at 000560-63.
. Id,
. Id, at 000261-63.
. Plaintiff argues that nothing in the record . indicates that Ruiz is a physician, let alone a psychiatric physician. The record, however, clearly lists Dr. Ruiz as “Rafael Ruiz, MD, Board Certified Adult Psychiatrist, Licensed Physician.” Id. at 000019.
. Id. at 000021.
. Fed R. Civ. P. 56.
. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
. Id.
. Conoshenti v. Pub. Serv. Elec. & Gas Co., 364 F.3d 135, 145-46 (3d Cir. 2004).
. Boyle v. Cnty. of Allegheny, 139 F.3d 386, 393 (3d Cir. 1998) (citing Petruzzi's IGA Supermkts., Inc, v. Darling-Del. Co. Inc., 998 F.2d 1224, 1230 (3d Cir. 1993)).
. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962)); Tigg Corp. v. Dow Corning Corp., 822 F.2d 358, 361 (3d Cir. 1987),
. Anderson, 477 U.S. at 255, 106 S.Ct. 2505.
. Lawrence v. City of Phila., 527 F.3d 299, 310 (3d Cir. 2008).
. Id. (quoting Rains v. Cascade Indus., Inc., 402 F.2d 241, 245 (3d Cir. 1968)).
. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989).
. Id. at 111-12, 109 S.Ct. 948; Estate of Schwing v. Lilly Health Plan, 562 F.3d 522, 525 (3d Cir. 2009); Kalp v. Life Ins. Co. of N. Am,, No. Civ.A.08-1005, 2009 WL 261189, at *1 (W.D.Pa. Feb. 4, 2009).
. Luby v. Teamsters Health Welfare & Pension Trust Funds, 944 F.2d 1176, 1181 (3d Cir. 1991).
. |d.
. Marx v. Meridian Bancorp, Inc. Long Term Disability Plan, No. Civ.A.99-4484, 2001 WL 706280, at *3 (E.D.Pa. Jun. 20, 2001), aff'd, 32 Fed.Appx. 645 (3d Cir. 2002).
. Viera v. Life Ins. Co. of N. Am., 642 F.3d 407, 413 (3d Cir. 2011).
. Id.
. Elms v. Prudential Ins. Co. of Am., No. Civ.A.06-5127, 2008 WL 4444269, at *13 (E.D.Pa. Oct. 2, 2008) (citing Woods v. Prudential Ins. Co. of Am., 528 F.3d 320, 323 (4th Cir. 2008)).
. Woods, 528 F.3d at 323.
. Moran v. Life Ins. Co. of N. Am. Misericordia Univ., No. Civ.A. 13-765, 2014 WL 4251604, at *4-5 (M.D.Pa. Aug. 27, 2014) (quoting Viera v. Life Ins. Co. of N. Am., 642 F.3d 407, 418 (3d Cir. 2011)) (further quotations omitted); see also Herzberger v. Standard Ins. Co., 205 F.3d 327, 332 (7th Cir. 2000) ("We hold that the mere fact that a plan requires a determination of eligibility or entitlement by the administrator ... does not give the employee adequate notice that the plan administrator is to make a judgment largely insulated from judicial review by reason of being discretionary. Obviously a plan will not—could not, consistent with its fiduciary obligation to the other participants—pay benefits without first making a determination that the applicant was entitled to them.”); Life Ins. Co. of N. Am. v. Sorilla, No. Civ.A.14-1797, 2015 WL 3407468, at *3 (D.Ariz. May 27, 2015) (holding that language which merely names an insurer as the "named fiduciary for deciding claims for benefits under the Plan, and for deciding any appeals of denied claims” merely grants the insurer the authority to determine eligibility for benefits and does not unambiguously grant discretion); Mercer v. Life Ins. Co. of N. Am., No. Civ. A. 11-372, 2011 WL 4404053, at *4 (W.D.La. Aug. 30, 2011) (holding that the following language did not confer discretionary authority on the insurer to construe plan terms: "The Plan Administrator has appointed [LINA] as the named fiduciary for deciding claims for benefits under the Plan, and for deciding any appeals or denied claims”); see generally Vi-era, 642 F.3d at 417 (holding that "[t]o be insulated from de novo review, a plan must communicate the idea that the administrator not only has broad-ranging authority to assess
. A.R. 000769.
. Viera, 642 F.3d at 413 (quotations omitted).
. Luby, 944 F.2d at 1184.
. Viera, 642 F.3d at 413-14.
. A.R. 000759.
. Id. at 000750.
. Id. at 000768.
. Lamanna v. Special Agents Mut. Benefits Ass’n, 546 F.Supp.2d 261, 289 (W.D.Pa. 2008).
. Black & Decker Disability Plan v. Nord, 538 U.S. 822, 831, 123 S.Ct. 1965, 155 L.Ed.2d 1034 (2003).
. Id. at 834, 123 S.Ct. 1965.
. Ricca v. Prudential Ins. Co. of Am., 747 F.Supp.2d 438, 445 (E.D.Pa. 2010).
. A.R, 000690—92, 000695-97.
. Id,
. Id. at 000627.
. Id. at 000625.
. Id. at 000593-601.
. Id. at 000597-600.
. Id. at 000594, 000596.
. Id. at 000682-83.
. Id.
. Id.
. Id. at 000616.
. Id. at 000617.
. Id.
. Defendant repeatedly emphasizes Dr. Herman’s July 11, 2014 remark that because his practice was limited to psychopharmacology, he was not able to do any additional vocational assessments. Id. at 000565. Dr. Herman's unwillingness to provide a vocational assessment, however, does not detract from the validity of his previously-provided medical assessments based on his regular treatment and examination of Plaintiff.
.Id. at 000617.
. Id. at 000620.
. Id.
. Id.
. |d. at 000618.
. Id. at 000570.
. Id. at 000569.
. Id. at 000567-68.
. Id.
. Id. at 000566.
.Id. at 000633.
. Id. at 000632-33.
. Id. at 000631-32.
. Id. at 000629-30.
. Id. at 000628.
. Id. at 000582-92.
.Id.
. Id.
. Id.
. Id. at 000591.
. Id. at 000591-92.
. Lasser v. Reliance Standard Life Ins. Co., 344 F.3d 381, 386 (3d Cir. 2003); see also Miller v. Am. Airlines, 632 F.3d 837, 854 (3d Cir. 2011) C‘[I]t is essential that any rational decision to terminate disability benefits under an own-occupation plan consider whether the claimant can actually perform the specific job requirements of a position.”).
. Elms v. Prudential Ins. Co. of Am., No. Civ.A.06-5127, 2008 WL 4444269, at *16 (E.D.Pa. Oct. 2, 2008).
. The record contains sporadic notations that Plaintiff’s job as a Hospital Account Manager is a "sedentary” position and is described as "office and clerical,” (A.R. 000163, 000261, 000274.) These descriptions, however, refer only to the physical demands of her job and do not shed any light on the mental demands—a crucial omission given that her alleged disability is psychological in nature.
.The only mention of Dr. Wolanin’s opinion in Defendant’s Motion for Summary Judgment is in paragraph forty-three of the statement of facts, which states that "Plaintiff was referred to Dr. Wolanin for an assessment by new counsel’s office, and Dr. Wolanin is not a treating physician.” (Def.’s Mot. Summ. J. ¶ 43.)
. Ricca v. Prudential Ins. Co. of Am., 747 F.Supp.2d 438, 445 (E.D.Pa. 2010).
. Haisley v. Sedgwick Claims Mgmt. Servs., Inc., 776 F.Supp.2d 33, 49 (W.D.Pa. 2011) (noting that "the failure to procure such ah examination may be unreasonable where the specific impairments or limitations at issue are not amenable to consideration by means of a file review”) (quoting Calvert v. Firstar Fin., Inc., 409 F.3d 286, 295 (6th Cir. 2005)).
. Schwarzwaelder v. Merrill Lynch & Co., Inc., 606 F.Supp.2d 546, 559 (W.D.Pa. 2009).
. See, e.g„ Elms, 2008 WL 4444269, at *18 (characterizing' administrator's selective use/interpretation of reports as a "procedural irregularity” and observing that "[it was] important to note that no doctor who ha[d] actually treated [plaintiff] or examined her in person, as opposed to performing a 'file review’, ha[d] found her to be capable ... of performing her work-related tasks”); Winkler v. Metro. Life Ins. Co., 170 Fed.Appx. 167 (2d Cir. 2006) (vacating decision as arbitrary where it was based “entirely on the opinions of three independent consultants who never personally examined [plaintiff], while discounting'the opinions” of the treating and examining physicians who assessed psychiatric disability).
. A.R. 000769.
. Defendant argues that Dr. Ruiz considered Dr. Wolanin’s opinion. The record, however; reflects otherwise. Dr. Ruiz listed the precise pieces of evidence he considered by provider and date. Dr. Wolanin’s report is conspicuously absent from that list. (A.R. 000021.)
. Morgan v. The Prudential Ins. Co. of Am., 755 F.Supp.2d 639, 647 (E.D.Pa. 2010).
. Def.’s Mem. Supp. Mot. Summ. J. 10.
. Porter v. Broadspire & Comcast Long Term Disability Plan, 492 F.Supp.2d 480, 491 (W.D.Pa. 2007) (citing Pinto v. Reliance Standard Life Ins. Co., 214 F.3d 377, 393-94 (3d Cir. 2000)); see also Holmstron v. Metro, Life Ins. Co., 615 F.3d 758, 777 (7th Cir. 2010) (holding that "selective readings” of the evidence . that are "not reasonably consistent with the entire picture” are "another hallmark of an arbitrary and capricious decision”).
. Porter, 492 F.Supp.2d at 491 (citing Petroff v. Verizon North, Inc, Long Term Disability Plan, No. Civ.A.02-318, 2004 WL 1047896, at *14 (W.D.Pa. May 4, 2004) (stating that a selective review of medical evidence demonstrates an arbitrary and capricious denial)).
. A.R. 000620-21.
. Id. at 000620.
. Id. at 000578, 000625; see also id. at 000700 (notation by Dr. Herman that Plaintiff suffers anxiety being away from dog for too long).
. Id. at 000630.
.Id. at 000629-30.
. Id. at 000629.
. Id.
. Id.
. A.R. 000572.
. Id. at 000632-33.
.Id. at 000627.
. Carney v. Int'l Bhd. of Electrical Workers Local Union 98 Pension Fund, 66 Fed.Appx. 381, 385-87 (3d Cir. 2003).
. Cook v. Liberty Life Assur. Co, of Boston, 320 F.3d 11, 24 (1st Cir. 2003).
. See McLeod v. Hartford Life & Acc. Ins. Co., 372 F.3d 618, 624 (3d Cir. 2004) (citing Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 113, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989)).
. Addis v. Limited Long Term Disability Program, 425 F.Supp.2d 610, 620-21 (E.D.Pa. 2006) (citing Carney, 66 Fed.Appx. 381, 386-87 (further citations omitted)).
. Miller v. Am. Airlines, Inc., 632 F.3d 837, 856 (3d Cir. 2011).
. The Court notes that the only benefits at issue are those in the short-term disability plan; no issues relating to whether Plaintiff would be entitled to long-term disability benefits are currently before the Court.
. 29.U.S.C. § 1132(g)(1).
. Hahnemann Univ. Hosp. v. All Shore, Inc., 514 F.3d 300, 310 (3d Cir. 2008) (citations omitted).
Reference
- Full Case Name
- Cheryl LEVINE v. LIFE INSURANCE COMPANY OF NORTH AMERICA
- Cited By
- 8 cases
- Status
- Published