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Metlife Admits Decision To Deny Ltd Benefits To Claimant With Chronic Fatigue Due To Congestive Heart Failure Was Wrong

Attorney Rachel AltersAuthor: Attorney Rachel Alters

MetLife terminated our client’s LTD benefits even after receiving a neuropsychological report documenting deficiencies in her executive level functioning. According to the neuropsychologist, the claimant was not capable of performing the duties of her occupation as a Bank Examiner for the FDIC as a result of her cognitive deficiencies, fatigue, depression and anxiety.

MetLife Ignored Neuropsychological Evaluation Demonstrating Cognitive Impairments

Our client is a 49 year-old woman who suffered from breast cancer in 2009 and was diagnosed with congestive heart failure and Epstein Barr-Syndrome in 2011. After returning to work in June of 2011 she noted problems with attention, focus and memory finding herself unable to compose letters and not being able to complete tasks within a specific time frame. She received several poor work performance reviews and went out on LTD in November of 2011. She wakes at irregular hours, spends most of her day attending doctor’s appointments. The neuropsychologist found subtle cognitive inefficiency of executive functioning, selective attention, visual motor integrity, and nondominant hand dysfunction which were likely related to her cardiovascular difficulties relating to an anoxic/hypoxic episode. The neuropsychological report was provided to MetLife is support of our client’s disability claim.

MetLife Ignores Own Hired Physician’s Opinions

MetLife hired a neuropsychologist to perform a paper review of our client’s records. The neuropsychologist rendered the opinion that our client would have difficulty with attention and energy due to depression and would have difficulty with intellectual complex tasks and maintaining a normal work pace. MetLife ignored its own hired doctor’s opinions, failed to consider the medical evidence supporting our client’s disability which included hundreds of pages of medical records, medical opinions and a neuropsychological report stating she was disabled incapable of working in her occupation. MetLife also ignored her complex job description, claiming she could go back to work in a light duty occupation.

After reviewing the objective evidence provided by attorney Rachel Alters of Dell & Schaefer, in support of our client’s disability, MetLife reversed its decision to terminate the LTD benefits of our client and put her back on claim. Dell & Schaefer will continue to represent her in order to help ensure she remains on claim throughout her disability.



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