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Met Life Abuses Discretion On Fibromyalgia Claim

Tuesday, January 25th, 2011

A Federal judge has ordered Met Life to pay continuing long term disability insurance benefits to a claimant suffering from fibromyalgia, where Met Life sought to apply a limited pay period to the claim, alleging that the impairment was due to depression, rather than fibromyalgia.

The Court took issue with Met Life’s claim posture, seeking to apply the limited pay period for a mental health claim, when Met Life took this position several years after the claim had been filed, and while in litigation. The Court noted that depression is a common overlay with claims for fibromyalgia. The Court also took issue with Met Life securing a paper only review of the claim, citing to cases that have chastised insurers for these types of reviews in mental health claims.

The Court also cited to one of our recent cases, Magee v. Met Life, as authority for the proposition that Met Life was wrong to require objective evidence on a fibromyalgia claim.

These important decisions continue to chip away at longstanding arguments that insurers present in long term disability insurance claims and litigations. If your insurance company has tried to take this approach with your claim, contact our firm to see how we can fight for your rights.

Justin C Frankel

Written By:

Justin C. Frankel - Disability Insurance Attorney

Justin Frankel is a founding partner of the disability insurance law firm Frankel & Newfield and is a highly skilled litigator and advocate. He has published numerous articles on the challenges facing clients with private or individual disability insurance policies and those who own group or ERISA disability insurance policies.

Learn more about Justin | See Justin’s Publications

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