Stephens v. Prudential Insurance Co. of America

122 F. Supp. 3d 692, 2015 U.S. Dist. LEXIS 108363, 2015 WL 4934543
CourtDistrict Court, E.D. Michigan
DecidedAugust 18, 2015
DocketCase No. No. 14-11809
StatusPublished

This text of 122 F. Supp. 3d 692 (Stephens v. Prudential Insurance Co. of America) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stephens v. Prudential Insurance Co. of America, 122 F. Supp. 3d 692, 2015 U.S. Dist. LEXIS 108363, 2015 WL 4934543 (E.D. Mich. 2015).

Opinion

OPINION AND ORDER GRANTING IN PART PLAINTIFF’S MOTION REQUESTING JUDGMENT ON THE ADMINISTRATIVE RECORD AND DENYING DEFENDANTS’ MOTION FOR JUDGMENT AFFIRMING THE DENIAL OF PLAINTIFF’S REQUEST FOR BENEFITS

LAURIE J. MICHELSON, UNITED STATES DISTRICT JUDGE

Plaintiff Elizabeth Stephens brings this suit pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq. From late 2012 to at least mid-2013, Stephens, a Benefits Coordinator for Kelly Services, Inc., suffered from heart problems and high blood pressure and could not work. Although Defendants Prudential Insurance Company of America and Kelly Services, Inc. Disability Income Plan provided short term disability benefits for a time, Stephens says that Defendants terminated those benefits too early and wrongly denied her long term disability benefits.

Before the Court are Plaintiffs Motion for Judgment on the Administrative Record (Dkt.26) and Defendants’ Motion for Judgment Affirming the Denial of Plaintiffs Request for Benefits (Dkt.29). Upon careful review of the briefs and the Administrative Record, for the following reasons, the Court REMANDS to the plan administrator for further administrative proceedings.

I.

A.

Kelly Services, Inc. employed Stephens as a Benefits Coordinator starting on November 8, 2010. (Dkts. 13-15, Administrative Record (“AR”) at' 184.) Kelly Services covered Stephens under its Disability Income Plan (“the Plan”). (Dkt. 24, at 1-36.) Coverage included short term disability (“STD”) and long term disability (“LTD”). (AR at 183.) Defendant Prudential administers claims under the Plan. (Dkt. 24, at 33.) Kelly Services, Inc..’s Benefit Plans Committee was the Plan administrator. (Id.)

The Plan provides benefits to employees with a “certified disability,” which the Plan defines as follows:

“Certified disability” means you are under the care of a Physician.. You will not be- deemed to be under the care of a Physician on any day more than 31 days before the date he or she has seen and treated you in person for the disease or injury that caused the disability, and the [695]*695Claims Administrator has determined there is a significant change in your physical or mental condition while you are covered under the Disability Plan that will effect the following:
During your first 36 months of disability, you are not able, solely because of sickness or injury, to perform the substantial and material duties of your own occupation, and you have a 20% or more loss in earnings due to the same sickness or injury.
After 36 months of disability, you are not able, solely because of sickness or injury, to perform the substantial and material duties of any occupation for which you are reasonably suited through education, experience, or training.

(Dkt. 24, at 12.)

B.

After about two years at Kelly Services, Stephens underwent cardiac surgery — an aortic Type A dissection- repair — at the University of Michigan Hospital. (AR at 325.) She was hospitalized from November 19, 2012 until December 7, 2012. (AR at 325.) After her release, she was briefly re-hospitalized at Saint Joseph Mercy Hospital in Oakland County on December 8, 2012 because of “severe palpitations.” (AR at 674.)

Stephens submitted a claim to Prudential for STD benefits on December 11, 2012. (AR at 795-800.) Prudential approved Stephens for STD coverage from November 19, 2012 through June 30, 2013. (AR at 729, 823.)

Records from Stephens’ hospitalization noted that her “post-operative course has been complicated by an acute chronic kidney injury.” (AR at 328.) Dr. Fahd Al-Saghir, Stephens’ long-time nephrologist, evaluated Stephens on January 9, 2013 and reported that her chronic kidney disease was at stage three. (AR at 224, 282.) According to Dr. Al-Saghir, her kidney disease had been “stable for years.” (AR at 282.) .

On January 16, 2013, Dr. Bo Yang, the cardiac surgeon who treated Stephens at the University of Michigan Hospital, wrote that Stephens had “recovered well” from her November 2012 operation. (AR at 336.) Still, Dr. Yang noted various complications, including edema, chronic renal insufficiency, and high blood pressure. (AR at 336.) He recommended a follow-up with Dr. Kirit Patel, a cardiologist. (AR at 336-37.) Prior records reflect that high blood pressure was an issue for Stephens leading up to her November 2012 surgery. (See, e.g., AR 211.)

Dr. Patel examined Stephens on January 31, 2013. . He concluded, “Overall from the cardiac standpoint, patient is stable.” (AR at 675.) But he prescribed Xanax because Stephens had “a lot of anxiety.” (AR at 675.) Stephens also visited Dr. Al-Saghir that day. (See AR at 225.) Dr. Al-Saghir noted, “Acute kidney injury with recent hospitalization with dissecting thoracic aneurysm, resolved.” (AR at 225.) He again noted that Stephens’ chronic kidney disease was at stage three. (Id.)

From February 20, 2013 through April 22, 2013, Stephens attended 24 cardiac rehabilitation sessions at St. Joseph Mercy Hospital in Oakland County. (AR at 310-313,) According to her discharge report, Stephens experienced “[ojccasional episodes of minor shortness of breath with initial exercise session with symptoms lessening as [she] progressed in [the] program.” (AR at 310.) Her “average exercise/MET level” improved throughout the program. ■ (AR at 310.) The report also stated that Stephens would “continue with a home based exercise program” involving walking. (AR at 310.)

In connection with her receipt of STD benefits, Stephens filled out a detailed dai[696]*696ly activities questionnaire for Prudential on March 17, 2013. (AR at 314-21.) -She listed various conditions that would prevent her from returning .to work: aortic dissection surgery, depression, hypertension, glomerulonephritis,, arthritis, asthrna, a voice box injury, and numbness in her fingers and left hand. (AR at 314.) She reported that her voice “goes.out,” making it. difficult to speak over the phone at length. (Id) Similarly, she stated that it would be difficult to sit in front of a computer at length because of chest pain. She also wrote that she needed to “keep stress levels .low” and that she could not do household activities involving pushing, lifting, or stretching because of pain from her incisions. (AR at 314, 318.) She reported that she walked for four hours and read for two each week. (AR at 319.)

Several days later, on March 20, 2013, Stephens again visited Dr. Al-Saghir. He noted that Stephens’ chronic kidney disease and edema had become “unstable.” (AR at 230.) His notes also indicated “Lethargy/Dry mouth.” (AR at 230.)

On April 16, 2013, Stephens followed up with Dr. Yang at the University of Michigan Hospital. According to a report from the examination, Stephens stated that “her recovery is steadily progressing.” (AR at 651.) The report concluded, “In summary, Mrs. Stephens remains stable____ She was advised to not excessively strain, lift, push, or pull more than 30 — maximum 50 pounds.” (AR at 652.) In a letter to Drs. Patel and Al-Saghir about the examination, Dr. Yang wrote, “Mr. Stephens did not like Mrs. Stephens going back to work.

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122 F. Supp. 3d 692, 2015 U.S. Dist. LEXIS 108363, 2015 WL 4934543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-prudential-insurance-co-of-america-mied-2015.