U.S. judge orders Broadspire to reinstate a former bank employee’s disability benefits
Sandra Mikolajczyk, an employee of ABN AMBRO North America Inc., was awarded disability benefits for her depression, fatigue, chronic C6 radiculopathy, carpel tunnel syndrome, cholloid brain cyst, multivalve prolapse, cervical disc surgery, anterior cervical neural decompression and other disorders. Ms. Mikolajczyk was insured by her company’s group disability policy with Broadspire Services, Inc.
After two years of benefits, Broadspire terminated Ms. Mikolajczyk’s coverage. Prior to canceling Ms. Mikolajczyk’s benefits, Broadspire had select documents from her medical record reviewed by Dr. Vaughn Cohen. Dr. Cohen determined that Ms. Mikolajczyk lacked functional impairment that prevented her from working as a bank branch manager. Broadspire physician, Dr. Jamie Wancier, conducted a medical record review and found Ms. Mikolajczyk able to perform full-time sedentary work. Ms. Mikolajczyk promptly filed suit seeking benefits under the Employee Retirement Income Security Act (ERISA).
Judge Katz of the Northern District of Ohio stated that Broadspire “relied on document reviews that were incomplete and went against the weight of the administrative evidence”. Judge Katz further noted that “Broadspire’s refusal to conduct a physical examination, even when tests were recommended by its own reviewing physician, is another factor that weighs against the reasonableness of defendant’s denial of benefits.” Lastly, the court held that Broadspire should have considered the favorable award of social security disability benefits. Broadspire was ordered to pay disability benefits. Opinion available at Sandra Mikolajczyk v. Broadspire Services Inc., No. 3:05-CV-7039, N.D. Ohio.
About the author: Gregory Michael Dell is an attorney and managing partner of the disability income division of Attorneys Dell & Schaefer. Mr. Dell and his team of disability lawyers have assisted thousands of long-term disability claimants with their claims against every major disability insurance company. Attorney Gregory Dell is a nationally recognized disability insurance attorney and the author of a long-term disability insurance law book published by Thomson Reuters, which is a legal reference for attorneys and judges. For a free consultation, please call 800-828-7583 or use our contact page.
Request a Free Consultation
Click here or call 800-682-8331 now!
We respond the same day. We represent disability insurance claimants all over the United States.
Similar / Related:
- Pennsylvania Federal Judge orders Prudential Insurance Company to pay disability benefits to woman diagnosed with RSD
- Federal Judge orders Sedgwick Claims Management to pay disability benefits to PNC Financial Services Group, Inc’s Collection/Recovery Team Manager
- Continental Insurance Company ordered to pay long-term disability benefits to bank employee
- Systems support specialist wins disability benefits case against Coca-Cola and Broadspire
- Broadspire Services terminate long-term disability benefits after paying for 8 years