Thursday, March 24, 2011


Letters Below Prove MetLife Knew I Often Wished I Were Dead and I Had No Money For Medical Treatment Because They Continued To Ignore My Disability Claim For Eye Cancer !!

Judges' Quotes Prove Metlife Still Repeatedly Violated Multiple Laws

I Went Without Surgeries and Still Have Extremely Intense Psychological Distress;

MetLife and Obama's DOL Will Do Nothing To Help !!

Here are quotes from desperate letters sent to MetLife :

Met Life,
Your companies intentional delays and obfuscations are adding greatly to my extreme stress and depression to the point I often wish I were dead. Your company might as well be straight out of HELL !  (See AR 0033)

Met Life,

I could not hate your company any more if you were proven to be straight out of Hell. Your intentional delays of my claim are continuing to destroy my life. The stress is beyond belief because of your inactions, lies, and intentional burial of my claims in quicksand. ( See AR 0027)

·     
          Before sending those letters I sent MetLife 11 letters requesting the status of my Long Term disability claims. The record proves I sent some of the letters twice in one day and they still ignored them.

    I faxed those letters and the letters above to Obama's DOL Directors' as they requested me to do, and they have also seen my Psychologists reports, but they will do nothing !!
    
    DOL has also seen proof that MetLife ignored my Long Term claim for eye cancer for five years while knowing that I often had no money or insurance coverage.

   DOL has seen proof that three seperate units of MetLife ignored my medical doctor and Psychologists reports about my Psychological problems, my failed attempts at medication, and my claim for psychological disability that was caused by MetLife. DOL has done nothing !!

    Before sending the letters above my Cobra insurance coverage had just expired due to the 18 month time limit after you leave your job, and my savings had just run out and I had no money for follow up medical treatment after surgery.

    
    As seen in Judge Bryant's quotes below they continued to ignore the Long term claim and completely ignored my requests for the status of the claim.

     
   DOL Has Seen the Following Quotes That Prove MetLife Knew I Had No Money For Follow Up Medical Treatment After Surgery But They Still Ignored My Long Term Claim

** In January 2007 Metlife read this quote I filed in a Court document :

 "the Plaintiff who has had cancer removed from his eye and leg and over 200 biopsies plus stitches in 100 places has no money for follow up treatment."

This note is written in Metlife’s Diary Review that was concealed from me during the claims process.  Metlife refers to me as EE:
“ EE very upset with Metlife and the processing of his claim” “Based on my review of of UM referral done 12-26-02 appears claim is denied based on medical received. I asked EE if he received a denial letter. EE said he did not. I explained that I will relay his message to UM and DRS in unit that his claim is handled by. If the next step is that a denial letter should be done & sent to EE, I will let UM and or DRS make that decision and make sure this is taken care of. (See AR 0008 second entry)

This communication occurred on 2/19/2003. After I expressed that I was very upset, and Metlife made profound assurances and said they will “make sure this is taken care of”, Metlife did not send a denial letter until six months later on 8/15/03.
During the time that MetLife continued to commit multiple violations and ignore my desperate Pleas for help I had sign up for food stamps and move in with my parents.
MetLife was very aware of my psychological problems and the fact I was unable to work full time and had numerous visual problems.
Their violations caused such a tremendous distraction from my medical treatment for and eye cancer and skin cancer and other problems I am surprised the distraction from seeking proper treatment has not killed me. I think there is a good chance it will because MetLife continues to willfully choose to do nothing to resolve any of the extreme problems they have caused in my life !!!

In January 2003 my COBRA insurance eligibility expired, and over the next four years there were numerous times that I had no money for food, housing or medical treatment and surgery I needed. On 9/23/10 I sent Metlife's CEO my specific timeline of this. I forgot to include having no money while I had a melanoma on my leg and when I got insurance it was removed and required 18 stitches.

During the times that I DID have insurance my brain was so overwhelmed by Metlife's violations (while I had multiple cancer surgeries, over 200 biopsies, and follow up stitches in 100 places) I still did not have enough mental focus to seek proper health care. That is true today because Metlife's violations and frauds continue.

Even though Metlife's Senior Management is very aware that their failure to correct these fiduciary breaches are still causing me huge problems they will still take no action. 
Metlife’s policy says they will help you with early intervention, vocational help, and help you file for Social Securiry disability, but they did not help me with any of that.

Their continuous violations of law, fraud, and delays and deadlines to provide evidence (that their medical consultants would ignore) actually caused such a disruption in my life I was completely distracted from even getting proper medical treatment and there was no way I could file for Social Security while fighting Metlife’s repeated multiple violations going on at once; Metlife had deadlines that I had to meet or I would be automatically denied. No legal action could overcome a denial due to missing Metlife’s deadlines !!


Here is a false statement that Metlife filed in the Court followed by Judge Bryant's quotes :

“Defendant’s deny that they ignored relevant medical evidence, refused to respond to properly submitted communications, improperly delayed consideration of the Plaintiff’s claim, made false statements, or violated the terms of the TMG plans or of ERISA”

(Judge Bryant's quotes proving many violations are seen in red below)

 The following quotes prove this sentence has many false statements in it, so the sentence is another example of a tremendous fiduciary breach !!

On January 25th 2007 U.S. Magistrate Judge Bryant wrote the following about fraud committed against me by the Defendant’s at Metlife disability :

“In particular, plaintiff has already more than sufficiently alleged defendants’ “fraudulent” abuse of prescribed claims procedures”

 On page 11 of his Order in Spring of 2008 U.S. Magistrate Judge Bryant wrote,

“Metlife’s administration of plaintiff’s claim and appeal is troubling, particularly when compared to the regulations which govern such administration.”

“the record is utterly devoid of any glimmer of recognition by Metlife of plaintiff’s attempt to assert an LTD claim, despite plaintiff’s repeated attempts to ascertain the status of the claim(e.g. AR 10, 11 ,25, 28, 33, 81 )”

On page 7 of his report Judge Bryant wrote,
“the record reflects that Plaintiff did not receive timely notice of the initial denial of his STD claim ( AR 8-10); nor of the denial of his administrative appeal, nor of certain documentation upon which the denial was based, in particular the report of independent physician consultant Dr. Greenhood. In addition Metlife failed to make a timely response to several attempts by plaintiff to ascertain the status of his claims.”

On page 9 Judge Bryant wrote,

“The record does not reflect that Metlife, at any point, during the Administrative process, disclosed to plaintiff Dr. Greenhood’s identity as a consulting medical expert or the content of his narrative report, despite Metlife’s apparent reliance on that report (AR 15), verses the restrictions imposed by plaintiff’s treating sources, and despite plaintiff’s repeated requests for same. Metlife apparently even failed to produce this information after issuing its decision on his appeal, when it purported to mail plaintiff “copies of the information which was used to make a decision on your claim.”

On page 10 of his Report Judge Bryant wrote,

“In addition, the “Diary Review – Report” contained in the record reveals that Dr. Greenhood was consulted in connection with the initial determination of plaintiff’s disability claim ( AR 6) as well as the determination on  appeal. Contrary to defendant’s argument, the undersigned finds that these violations by Metlife of the claims procedures prescribed by ERISA and its interpretive regulations must in fact be corrected in further administrative proceedings, as further justified below.”


On page 12 Judge Bryant writes,

“Moreover Defendants’ claim that “both the short-term and long-term disability Plans require that a claimant be unable to work” is patently erroneous.”

On Page 16 Judge Bryant writes this about the one claim that Metlife acknowledged and denied :

“However, but for the application of the “Actively at Work” provision, the undersigned would recommend finding the two-page denial decision arbitrary and capricious, inasmuch as it is nearly devoid of any meaningful analysis of the medical evidence and thus fails to reflect any “deliberate, principled reasoning process . . . Glenn, 461 F.3d at 666.”

Honorable Judge Bryant wrote this on page 18 of his Report and Recommendation :
“In sum, the undersigned finds that Metlife’s total disregard for Plaintiff’s LTD claim, despite his repeated efforts to call their attention to said claim, was arbitrary and capricious.”

It is obvious the fiduciary/administrators at Metlife have openly violated their fiduciary duties by having the attorneys at Adams and Reese present false statements in writing to the U.S. District Court where they wrote,

“Defendant’s deny that they ignored relevant medical evidence, refused to respond to properly submitted communications, improperly delayed consideration of the Plaintiff’s claim, made false statements, or violated the terms of the TMG plans or of ERISA”


Sincerely,
Barry Schmittou