Julie Collins v. Continental Casualty

87 F. App'x 605
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 23, 2004
Docket03-1499
StatusUnpublished
Cited by5 cases

This text of 87 F. App'x 605 (Julie Collins v. Continental Casualty) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Julie Collins v. Continental Casualty, 87 F. App'x 605 (8th Cir. 2004).

Opinion

PER CURIAM.

Julie Collins appeals the district court’s judgment affirming Continental Casualty Company’s (Continental’s) denial of long-term disability benefits. We reverse.

Collins was an investment representative for Edward Jones. In 2000, she began seeking treatment for hip pain she said began in 1999, which she reported had developed into whole body pain. In March 2001, Collins sought long-term disability benefits under a group disability plan governed by the Employee Retirement Income Security Act of 1974, contending that she was unable to perform her job due to total disability. Supporting her benefits claim were records of treatment by numerous physicians, test results, and physicians’ statements.

In October 2001, Edward Jones’s insurer, Continental, denied Collins benefits through its plan administrator, CNA Insurance Company (plan administrator). The plan administrator noted Collins had been treated since 1999 for multiple complaints of pain and weakness, but she had continued to work until March 2001 despite those complaints, and “physical examinations of [her] treatments were es *606 sentially normal.” Thus, while the plan administrator did not dispute “that a condition exist[ed],” it concluded the medical evidence did not support that Collins was continuously unable to work, or that she was precluded from performing the material and substantial duties of her job.

Collins administratively appealed the decision, and the plan administrator again denied benefits. The plan administrator noted it had “considered the reported symptoms and to what extent the findings on physical examination and testing results confirm[ed] [Collins’s] symptoms,” and how the findings would impact Collins’s ability to function and work. It concluded the test results and clinical examinations were not commensurate with the physical-examination findings, the test results did not “establish a basis for [Collins’s] self-reported impairments,” and there was an absence of medical findings to support Collins’s claim that she was unable to work. As for the treating doctors’ physical-examination findings, the plan administrator concluded they “var[ied] between medical providers,” and thus Collins’s self-reported symptoms were “not supported by any clinical testing and/or findings on physical examination.” The plan administrator stated it also relied on an independent medical reviewer’s opinion that the evidence did not support Collins’s inability to perform her job.

Collins then filed this action, seeking an award of past and current benefits. In a summary one-page judgment, the district court found substantial evidence supported the denial of benefits, and thus concluded the plan administrator had not abused its discretion.

The plan administrator’s denial of benefits was subject to abuse-of-discretion review by the district court, because the benefits plan gave the plan administrator discretion to determine Collins’s eligibility. 1 See Delta Family-Care Disability & Survivorship Plan v. Marshall, 258 F.3d 834, 840 (8th Cir.2001), cert. denied, 534 U.S. 1162, 122 S.Ct. 1173, 152 L.Ed.2d 117 (2002). If the plan administrator’s decision was supported by substantial evidence, that is, by a reasonable explanation, then it was not an abuse of discretion. See id. at 841. The reasonableness of the plan administrator’s decision is determined by both the quantity and quality of the supporting evidence. See id. at 842.

The plan administrator’s decision is troubling in numerous respects. First, the plan administrator’s decision relied heavily on the fact that Collins’s self-reported symptoms were not supported by clinical testing. Here, while testing revealed mild degenerative change in Collins’s spine, further testing could not explain the extent of her symptoms. However, a plan administrator may not deny benefits simply because a claimant cannot provide a diagnosis that would explain her self-reported symptoms. See Mitchell v. Eastman Kodak Co., 113 F.3d 433, 442-43 (3d Cir.1997) (where plan administrator denied benefits because claimant could not establish etiology of chronic fatigue that disabled him, concluding plan administrator had impermissibly implied additional “clinical evidence of etiology” requirement not specified in plan); Wilkins v. Hartford Life & Accident Ins. Co., 299 F.3d 945, 947 n. 1 (8th Cir.2002) (noting that if claim were not time-barred, case similar to Mitchell would have been close on merits).

*607 Second, the plan administrator’s decision does not indicate that the plan administrator assessed Collins’s credibility with respect to her self-reported symptoms of chronic and disabling pain, which limited her abilities to perform the simplest of tasks. Cf. Delta Family-Care Disability & Survivorship Plan, 258 F.3d at 842-43 (plan administrator’s denial of benefits was supported by, inter aha, surveillance report of claimant driving car and walking to mailbox without cane); Krizek v. Cigna Group Ins., 345 F.3d 91, 99, 101-02 (2d Cir.2003) (court reviewing administrator’s decision de novo may make credibility determinations about claimant’s subjective reports of pain). Rather, it appears the plan administrator simply refused to consider her subjective complaints as legally sufficient evidence. However, a plan administrator may not deny benefits simply because the only evidence of a disabling condition is subjective evidence. See Krizek, 345 F.3d at 101-02; Connors v. Conn. Gen. Life Ins. Co., 272 F.3d 127, 136 (2d Cir.2001) (subjective element of pain is important factor in determining disability; while court reviewing administrator’s decision de novo is not required to accept such complaints as credible, court cannot dismiss complaints as legally insufficient evidence of disability).

Finally, the plan administrator relied on its conclusion that the physicians’ objective physical-examination findings varied to such a degree that they did not support Collins’s reports of disabling pain. This is not the case. While their observations and tentative diagnoses were not entirely consistent, a pain specialist, neurosurgeon, and rheumatologist all assessed muscle weakness and pain and, with a spine specialist, all agreed that Collins experienced symptoms to a degree that rendered her unable to work. Notably, while all treating physicians struggled with the proper diagnosis of Collins’s symptoms, they suspected similar diagnoses, including degenerative disc disease, inflammatory disease, collagen vascular disease, fibromyalgia, and chronic pain syndrome of an unknown etiology.

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Bluebook (online)
87 F. App'x 605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/julie-collins-v-continental-casualty-ca8-2004.