Huffaker v. Metropolitan Life Insurance

271 F. App'x 493
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 25, 2008
Docket07-5410
StatusUnpublished
Cited by8 cases

This text of 271 F. App'x 493 (Huffaker v. Metropolitan Life Insurance) 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
Huffaker v. Metropolitan Life Insurance, 271 F. App'x 493 (6th Cir. 2008).

Opinion

SUHRHEINRICH, Circuit Judge.

Plaintiff-Appellant Karen Huffaker (“Huffaker”) appeals from the district court’s dismissal of her claim for long-term disability benefits under the Employee Requirements Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., against Defendants-Appellees Metropolitan Life Insurance Company (“MetLife”); Campbell Soup Company Group Insurance Plan; and the Director-Benefits Planning, Campbell Soup Company. For the reasons that follow, we AFFIRM.

I. BACKGROUND

Until January of 2004, Huffaker worked for Pepperidge Farms, a subsidiary of the Campbell Soup Company, as a manager of a Pepperidge Farms thrift store. Huffaker was covered under the Campbell Soup Company’s Long Term Disability Benefits Plan (“the Plan”), for which MetLife processes benefits claims.

On January 21, 2004, Huffaker applied for short-term disability benefits after fracturing one of her left ribs due to coughing. The Attending Physician Statement submitted in support of her claim noted that she was capable of working eight hours a day, but unable to perform heavy lifting, and could return to work on “full duty with no restrictions” on January 27, 2004. MetLife tentatively approved Huffaker’s claim for short-term disability benefits.

On February 24, 2004, Huffaker consulted Dr. Charles Bozeman, a primary care physician, after aggravating her rib injury. Dr. Bozeman prepared an Attending Physician Statement indicating a primary diagnosis of a fractured rib and secondary diagnoses of bronchitis and fibromyalgia, noting that Huffaker was “able to perform most of her job part of the time,” but was still recovering from a fractured rib. During an office visit one month later, Dr. Bozeman noted that Huffaker’s pain had worsened to the point that “[tjhere is really hardly any place that she doesn’t hurt,” and diagnosed Huffaker with fibromyalgia, hypertension under good control, hyperli-pidemia, arthritis, myalgias, and an elevated level of creatine phosphokinase (“CPK”). He directed that she see a neurologist, a doctor of physical medicine, as well as a rheumatologist.

Dr. Darrell Thomas, a neurologist, examined Huffaker, and found that she was “in no apparent distress,” and felt that she “did not have fibromyalgia.” A doctor of physical medicine and rehabilitation found that she had generalized muscle pain, “a constellation of symptoms not clearly identified” and “not entirely consistent with a diagnosis of fibromyalgia,” and that her “elevated CPK is suspicious for an underlying myopathic or metabolic process.” A cardiologist examined Huffaker, and noted that he was “actually not sure what is going on with this lady. It seems like it is *496 a little more than fibromyalgia. [Fibro-myalgia] should not cause abnormal CPK levels.” He further noted that she “has some of the features of fibromyalgia,” but needed “a full evaluation by a rheumato-logist] and neurologist] to see if we are not missing something.” And a rheuma-tologist examined Huffaker and found “no evidence of inflammatory arthropy or neurological focol or motor deficits,” “a few tender points that suggest a myofascial component of her symptoms,” and that “the most likely diagnosis” was fibromyal-gia or chronic fatigue syndrome, but he “would like to obtain additional records and additional laboratory tests.”

On June 1, 2004, MetLife arranged for a medical review of Huffaker’s file by Dr. Tracey Schmidt, a physician board-certified in internal medicine and rheumatolo-gy, who recommended extending Huffaker’s disability status pending consideration of further records and test results. In response to Dr. Schmidt’s request for information, Dr. Bozeman repeated his opinion that Huffaker’s pain was due to fibro-myalgia. The neurologist repeated his prior appraisal of Huffaker as “a well-nourished individual in no apparent distress.” The doctor of physical medicine submitted MRI results indicating the presence of some disc bulging and degenerative changes, and repeated her impression of “generalized body pain” with unclear etiology. And the cardiologist remarked that he was “certainly not sure what exactly is causing all [of Huffaker’s] ills,” and that Huffaker’s condition “fits along the line of fibromyalgia and chronic fatigue syndrome with some type of mood disorder.”

With her short-term disability benefits expiring on July 19, 2004, Huffaker submitted a longterm disability claim, complaining of chronic pain. Dr. Bozeman submitted an Attending Physician Statement diagnosing Huffaker with fibromyal-gia and myofascial pain, noting that Huf-faker could work one hour per day and had severe limitations in psychological functioning. MetLife again referred her medical file to Dr. Schmidt for review, who recommended an independent medical examination with a rheumatologist, and tentatively approved Huffaker’s claim with continued benefits dependent upon the outcome of the independent medical examination.

In the interim, Huffaker submitted treatment notes from a “new patient consultation” with a rheumatologist, Dr. Kenny Sizemore, who diagnosed Huffaker’s condition as “probable fibromyalgia,” noting that she was “so tender diffusely, I think even control points are positive.” He noted, however, that “it was impossible to determine accurately” whether Huffaker was “seeking some type of ‘secondary gain,’ ” and that he believed Huffaker could improve. He encouraged her to follow up with a psychologist.'

On October 7, 2004, Huffaker underwent an independent medical examination with Dr. Jeffrey Uzzle, a physician specializing in orthopedic medicine. Dr. Uz-zle’s physical examination found as normal Huffaker’s: gait pattern; posture; spinal alignment; muscle tone in her upper and lower extremities; range of motion in her shoulders, elbows, wrists, and hands; and her ability to walk on her heels and toes and tandem walk. He found her cervical, thoracic, and lumbosacral range of motion normal and without pain. Dr. Uzzle noted that she described “several episodes that sound psychological in nature.” After reviewing her medical records, Dr. Uzzle noted that Huffaker “has been thoroughly evaluated from the standpoint of multiple different specialties and in the end there has been no specific objective and verifiable anatomic problem to explain her varied symptomatology.” He charac *497 terized Huffaker’s ease as a “diagnostic dilemma” and expressed concern that her pain disorder was largely psychologically based. He stated that he could not ascertain why Huffaker stopped working and could “find no objective basis why she cannot return to her work ... assuming she is psychologically capable.” Huffaker later contested the validity of the Dr. Uz-zle’s findings—alleging that the examination consisted only of Dr. Uzzle’s request that she walk on her toes and heels and touch her finger to her nose—but MetLife did not investigate the allegations.

On December 22, 2004, MetLife denied Huffaker’s claim, citing the findings of Dr. Uzzle. Huffaker appealed on December 27, 2004, and submitted treatment notes from a psychiatrist, who noted that Huf-faker complained of depression, but did not assign any cognitive or functional limitations to her condition. Dr.

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