Long-term Disability Claims

May v. Metropolitan Life Ins. Co., C.A. No. 03-5056 (N.D. Cal. Sept. 9, 2004). Judge Wilken presiding. Judge's Home Page is here


In this case, Lucky May presented evidence that she was disabled from fibromyalgia. The only evidence to the contrary in the Administrative Record was an opinion by Dr. Amy Hopkins. Judge Wilken did not credit Dr. Hopkins report:

As noted, the only evidence to the contrary is Dr. Hopkins' report in which Dr.
Hopkins made the indisputably true statement that not all people diagnosed with
fibromyalgia are disabled and then opined that Plaintiff might be one of those
people. However, a suggestion that it is possible that Plaintiff is not disabled
is not the same as evidence that she is not. Therefore, MetLife abused its
discretion in crediting Dr. Hopkins' supposition over the actual evidence in the
record.

You can read the entire order here

Blair Brininger

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