Mitchell v. Metropolitan Life Insurance

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Plaintiff Michael Mitchell brings this action under 29 U.S.C. section 1132 (a)(1)(B) seeking long-term disability (“LTD”) benefits pursuant to a benefit plan provided by his employer, CB Richard Ellis (“CBRE”). Mitchell claims a disability for several health problems, including chronic fatigue syndrome, restless legs syndrome, hemo-chromatosis, and depression.

From January 1, 2000 until December 1, 2003, the LTD plan was administered un der a group insurance policy by Defendant and cross-claimant UNUM Life Insurance Company of America (“UNUM”). As of January 1, 2004, the LTD plan was administered under a group insurance policy by Defendant Metropolitan Life Insurance Company (“MET”).

In April 2004, when MET covered the plan, Mitchell filed with MET for LTD benefits. In his initial administrative claim with MET, Mitchell stated that his disability began in October 2003, when UNUM covered the plan. MET initially denied Mitchell’s claim because he was “still working.” MET then denied Mitchell’s appeal based upon a lack of objective evidence that Mitchell was disabled under the plan. After the appeal, Mitchell instituted this action. For the…