McGhee v. Aetna Life Insurance

63 F. Supp. 3d 572, 2014 U.S. Dist. LEXIS 154046, 2014 WL 5475042
CourtDistrict Court, W.D. North Carolina
DecidedOctober 29, 2014
DocketNo. 3:13-cv-00481-MOC-DSC
StatusPublished
Cited by2 cases

This text of 63 F. Supp. 3d 572 (McGhee v. Aetna Life Insurance) is published on Counsel Stack Legal Research, covering District Court, W.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGhee v. Aetna Life Insurance, 63 F. Supp. 3d 572, 2014 U.S. Dist. LEXIS 154046, 2014 WL 5475042 (W.D.N.C. 2014).

Opinion

ORDER

MAX O. COGBURN JR., District Judge.

This matter is before the court upon Defendant’s Motion for Summary Judgment (#24) and Plaintiffs Cross-Motion for Summary Judgment (# 26). After the parties fully briefed the issues, the court heard oral arguments on the motions.

Plaintiff Martin McGhee brought this action to recover short-term disability benefits from Defendants, Aetna Life Insurance Company (“Aetna”) and Bank of America Short Term Disability Plan (“STD Plan”) (collectively “Defendants”). As a former employee of Bank America (“BOA”), Plaintiff was enrolled in the STD Plan, which is funded by BOA and administered by Aetna, pursuant to the Employment Retirement Income Security Act of \1974 (“ERISA”), 29 U.S.C. § 1001 et seq. (1982). Plaintiff submitted a claim for STD benefits in October 2011, which was denied initially and again upon review. Plaintiff argues that Aetna’s assessment of his STD claim was not supported by substantial evidence and that Defendants abused their discretion in denying his claim. Defendants contend that Plaintiff has no right to bring this action, arguing that Plaintiff waived and released his claims against Defendants upon execution of a General Release & Program Agreement in exchange for a severance package with BOA upon leaving the company. Alternatively, Defendants argue that their decision to deny Plaintiffs claim for STD benefits should not be disturbed because substantial evidence in the record supports the decision. For the reasons that follow, the court finds that Plaintiff is entitled to seek relief in this court despite the agreement he signed with BOA in exchange for his severance package.' However, the court also finds that Defendants did not abuse their discretion in denying Plaintiff STD Benefits. Accordingly, the court will grant Defendants’ Motion for Summary Judgment and deny Plaintiffs Motion for Summary Judgment.

I. Factual Background

Plaintiff worked for BOA from June 2004 to October 2011, holding several high-level positions throughout his tenure with the company. As a BOA employee, Plaintiff was eligible to participate in, and did participate in, the STD Plan established by BOA. His final position with BOA was as a Senior Vice President and a Senior Change Analyst. In this position, Plaintiff [576]*576supported projects related to corporate change initiatives impacting the business. His job responsibilities included designing, developing, and completing project deliver-ables as well as coordinating activities for designated projects to ensure that the goals and objectives of the projects were accomplished within the prescribed time frame and funding parameters.

Plaintiffs last full day of work at BOA was on October 4, 2011. On October 18, 2011, Plaintiff requested short-term disability leave starting on October 4, 2011, claiming he was disabled due to severe anxiety, depression, and post-traumatic stress disorder. Plaintiff informed Aetna that he was currently being treated by his physician, Dr. Holly Layman. Aetna faxed a behavioral health clinician statement form (BHCS) to Dr. Layman, who returned the form to Aetna on November 3, 2011. Dr. Layman diagnosed Plaintiff with anxiety, depression, and chest pains, and stated in her cover note that Plaintiff “is unable to perform his daily functions at work until proper psychiatric counseling has begun.” Administrative Record (“Admin. R.”) at 7000121. Dr. Layman did not include any behavioral observations, but noted that Plaintiff was “normal but stressed.” Id. at 7000123. On November 7, 2011, Aetna denied Plaintiffs entitlement to STD benefits, stating that Plaintiff had not provided sufficient evidence showing that he was unable to complete the duties of his job. Aetna explained in a letter to Plaintiff:

While the provider indicated a diagnosis of anxiety and depression, the symptoms reported does [sic] not provide the needed clinical information to indicate that you would be unable to perform the duties of your occupation from a behavioral health standpoint.
In order to substantiate an inability to perform the core elements of your occupation as a Senior Change Analyst, from a psychological perspective, your provider(s) would have to submit examination findings which document the presence of impairments. Examples of such findings would be behavioral observations, including the frequency, duration and intensity of symptoms observed, the results of a formal mental status examination, or any performance-based tests of psychological functioning with standardized scores.

Letter from Aetna to Martin McGhee (Nov. 7, 2011), Admin. R. at 7000076. Plaintiff appealed Aetna’s decision by a letter dated April 19, 2012. Plaintiff claimed that a number of personal situations contributed to his anxious and depressed condition, including a breakup with his girlfriend of 2]£ years, his mother’s illness, sleep deprivation, and the death of his grandfather. Throughout the spring, Plaintiff submitted additional records from Dr.. Layman, as well as from Dr. Jonathan Stoudmire, a psychiatrist, and Jennifer Overton, a licensed clinical social worker. On May 31, 2012, Aetna acknowledged Plaintiffs appeal and placed it on hold until June 28, 2012 to allow Plaintiff to continue to submit additional information from his medical providers. Aetna then extended its review until August 1, 2012 pending a peer review, which was ultimately performed by Dr. Lawrence Burstein, Ph.D. on July 13, 2012. Dr. Burstein, stating that he had reviewed the full record of medical treatment that Plaintiff supplied, found the record did not support impairment from a psychological standpoint. He noted that while the record substantiated Plaintiffs subjective complaints of anxiety and depression, “they did not contain any findings to corroborate Plaintiffs complaints.” Id. at 7000095.

On August 1, 2012, Aetna provided Dr. Layman and Dr. Stoudmire with a copy of [577]*577the report asking whether they agreed with Dr. Burstein’s findings. Aetna claims that it received no response from Dr. Stoudmire but that on August 15, 2012, Dr. Layman’s nurse informed Aetna that Dr. Layman agreed with the peer review report and the decision to deny Plaintiffs claim for benefits. Id. at 7000056. Notes in the record from Aetna’s conversation with Dr. Layman’s office indicate that Dr. Layman stated that despite some psychological findings, Plaintiff suffered from no functional impairment that precluded him from performing his occupation. Id. On August 24, 2012, Aetna upheld its decision to deny Plaintiffs claim for STD benefits. One year later, on August 23, 2013, Plaintiff initiated this civil action against Defendants seeking review of Aetna’s decision to deny Plaintiff STD benefits.

A. The STD Plan

The STD plan under which Plaintiff asserts benefits allows BOA employees time off from work as well as financial benefits that replace a portion of the employee’s income for up to 26 weeks from the date of disability. The Plan states that “[f]or purposes of determining eligibility for STD benefits, disabled is defined as your inability to perform your essential occupation functions, including working your regularly scheduled hours, for more than seven consecutive calendar days because of a pregnancy, illness, injury, non-elective surgery or hospitalization.” Def. Mem. S. J., Exhibit A, 2.

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Cite This Page — Counsel Stack

Bluebook (online)
63 F. Supp. 3d 572, 2014 U.S. Dist. LEXIS 154046, 2014 WL 5475042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcghee-v-aetna-life-insurance-ncwd-2014.