Diane M. Moon v. Unum Provident Corporation

405 F.3d 373, 34 Employee Benefits Cas. (BNA) 2567, 2005 U.S. App. LEXIS 4775, 2005 WL 664330
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 22, 2005
Docket03-1626
StatusPublished
Cited by150 cases

This text of 405 F.3d 373 (Diane M. Moon v. Unum Provident Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Diane M. Moon v. Unum Provident Corporation, 405 F.3d 373, 34 Employee Benefits Cas. (BNA) 2567, 2005 U.S. App. LEXIS 4775, 2005 WL 664330 (6th Cir. 2005).

Opinions

OPINION

CLAY, Circuit Judge.

In this action for long-term disability (“LTD”) benefits pursuant to an employee benefits plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., Plaintiff Diane Moon appeals the district court’s denial of her motion for judgment on the administrative record. The district court held that the final decision of Defendant Unum Provident Corporation (“Unum”) to uphold the termination of Moon’s disability benefits was not arbitrary and capricious. We disagree and REVERSE.

I. BACKGROUND

Unum is Moon’s long-term disability insurer. Moon’s insurance plan (the “plan”) is sponsored by her employer, Borgess Medical Center (“Borgess”). Moon and Unum agree that the plan vests Unum with discretionary authority to determine eligibility for benefits. The plan defines “disabled” as follows:

You are disabled when Unum determines that:

- you are limited from performing the material and substantial duties of your regular occupation due to your sickness or injury; and
- you have a 20% or more loss in your indexed monthly earnings due to the same sickness or injury.

J.A. 10. At the outset, we note that this appeal concerns only the first requirement of this definition.

Moon worked in a clerical capacity in the admitting department at Borgess. Her title was “business associate” and her duties included typing, filing, and some writing. On June 17, 2000, Moon was admitted to Borgess as a patient due to the onset of various incapacitating symptoms associated with hypertension, i.e., unusually high blood pressure. The symptoms included severe chest pains. The primary diagnoses, as reported in a “Clinical Resume” prepared by Doctor Stephen Reagan, were: (1) atypical chest pain; (2) chronic stage III hypertension; and (3) hypertensive emergency. In addition, Moon was diagnosed with a history of hypertensive emergency and hypertensive crisis. The clinical resume observed: “[tjhis is a 39-year-old woman with a history of frequent admissions [to the hospital] for chest pain, who presented to the emergency room with acute onset of left sided atypical and typical features of acute coronary disease.” J.A. 8. Dr. Reagan consulted Doctor Robert Lapenna, Moon’s hypertension specialist, and the two agreed on June 23, 2000, that after nearly a week in the hospital, Moon could be discharged. However, the conditions of discharge were that Moon receive “VNA home care and [a] prompt followup with [375]*375her primary care physician, Dr. Stacy Watson, with whom [Dr. Reagan] discussed the case.” Id.

Chronic hypertension and the related severe chest pains it caused were not Moon’s only health problem. Since 1992, she had suffered from progressively-worsening thumb pain. In September 2000, Moon’s primary care physician, Dr. Watson, described Moon’s thumb pain — which existed in both hands — as “severely limiting [her] activity.” J.A. 13.

After her hospitalization in late June 2000, Moon’s condition did not improve. Dr. Watson determined that Moon was not able to return to work and on September 16, 2000, Moon filed a claim with UNUM for long term disability benefits. The claim form cited uncontrolled hypertension as the reason for Moon’s inability to work. In the Physician’s Statement portion of the claim form, Watson explained that Moon suffered from “severe labile hypertension” and, secondarily, from bilateral thumb pain which “severely limit[s]” her activity. J.A. 13. Watson further expressed concern about Moon’s excessively high blood pressure and advised that Moon could not exert herself by climbing stairs or remaining active for 1-2 hours without frequent resting. Id. at 14. Finally, Watson prohibited Moon from lifting more than 10 pounds and engaging in “strenuous activity with any prolonged walking.” Id.

On the basis of Watson’s diagnosis and instructions, Unum granted Moon’s claim, citing a disability onset date of June 17, 2000. In its December 19, 2000 letter, granting Moon’s claim, Unum did not explain whether it granted benefits because of the hypertension, the thumb pain, or both. On September 6, 2001, Unum reversed course and terminated Moon’s benefits as of August 27, 2001. In a letter to Moon, Unum asserted that according to its reviewing physician, “there is no medical data to support restrictions and limitations preventing you from returning to work in your own occupation.” J.A. 27. In reaching this conclusion, Unum relied on its own review of Moon’s medical records, including reviews performed by a clinical consultant and by physicians employed by Unum.

Specifically, Unum’s in-house reviewing physician, Dr. Steven Feagin, reported that “[t]here is nothing presented to objectively support impairment that would produce limitations or necessitate restrictions from [light work] activities.” J.A. 7. Feag-in cited an August 10, 2000, “exercise study” in which Moon demonstrated what Feagin described as “poor exercise tolerance for [her] age.” Id. Nevertheless, Feagin concluded that Moon’s performance “still equates to sustained light work on a full-time basis.” Id. Feagin further noted that according to Moon’s cardiologist, Dr. Janos Gellert, Moon did not have a cardiac problem. J.A. 19. However, in a June 17, 2000 letter to Watson, Gellert specifically lists as a risk factor the fact that Moon “has hypertension which is not easy to control.” J.A. 18. Regarding Moon’s thumb pain, Feagin concluded that there was no objective basis to view Moon as unable to work with accommodations.

After her LTD benefits were terminated, a Michigan Worker’s Compensation hearing officer granted Moon worker’s compensation benefits, finding that Moon’s bilateral thumb pain rendered her unable to do the file-lifting and writing that was a necessary component of her job in the Borgess admitting department.

In October 2001, Moon filed an administrative appeal of Unum’s termination of her LTD benefits. In the appeal letter, Dr. Watson urged Unum to reconsider, concluding: “Mrs. Moon is essentially disabled, and because of her ongoing medical problems, is absolutely not able to return to work. Despite multiple cardiac, radio[376]*376logical, and other evaluations, a source for her extremely labile and symptomatic hypertension has not been determined. Medication is only moderately effective in controlling this and, in essence, she is not able to hold down a full time job. In fact, she is unable to do most of her daily activities around the house because of the hypertension causing chest pain and shortness-of-breath.” J.A. 36. To this letter, Watson attached medical records from cardiologist Dr. Robert LaPenna, who had examined Moon in September 2001, and from Watson herself, who had examined Moon in March and June 2001. Watson’s records establish that Moon’s severe hypertension did not show a likelihood of abating. In addition, Watson’s patient chart notes reflect that Moon suffered bouts of depression, for which Watson prescribed anti-depressants, and sharp fluctuations in blood pressure. Lapenna’s records establish that Moon had “typical exertional angina,” but her coronary arteries were functioning normally; Lapenna recommended that cardiac rehabilitation proceed. Lapenna, however, did not suggest that Moon was able to work.

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Bluebook (online)
405 F.3d 373, 34 Employee Benefits Cas. (BNA) 2567, 2005 U.S. App. LEXIS 4775, 2005 WL 664330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diane-m-moon-v-unum-provident-corporation-ca6-2005.