Multiple Insurance Companies Endanger Lives in Five Different Types of Insurance !!
“Metlife and its henchmen” is an exact quote written by U.S. District Judge Richard Enslen in a Disability case that is seen later.
WFAA - TV in Dallas wrote this about Workers Comp :
“a remarkable number of Texans committed suicide because they could no longer endure the pain caused by their injuries and they had been repeatedly turned down for worker’s comp care. Some insurance companies send peer review doctors medical files “stripped” of records important to the possible approval of workers’ comp claims.”
During the time period of the suicides AIG rigged billions of dollars in bids to increase sales of Workers Comp policies; No one was prosecuted !!
This Spring I was contacted by an Iraq War Zone Contractor who had his leg, fingers and toes blown off, and many other injuries from a car bomb blast. Here are exact quotes :
“The Sheriff repossessed my wheelchair because CNA Global Insurance stopped payment on the check that they issued to the suppliers and my life really started spiraling out of control”
My medication that I need because of PTSD and the severe pain I experience, has not been paid for three months. My teeth are extensively damaged right down to the nerves due to grinding caused by the severe Post Traumatic Stress Disorder I am suffering from."
"I am sleeping on the floor on a mattress in the living room with my Night care Assistant sitting on a chair next to my mattress. I have to use a bucket and a bottle to urinate in the evenings."
(end of quotes)
When patients file claims on these policies their lives are often destroyed, while at the same time MetLife, Unum, Prudential and AIG insurance have all rigged bids to increase their sales of Health and/or Workers Comp policies as seen at : www.bidriggingandhealthcarefraud.blogspot.com
(Please view that website later)
Treason Index and Summary of Topics (1) Quotes from Numerous Federal Court Judges Prove Insurance Company Doctors’ ignore life threatening medical conditions including Brain lesions and Multiple Sclerosis, cardiac conditions of many patients, and a foot that a new mother broke in 5 places.
Multiple Judges prove MetLife is also very fond of endangering Psychological claimants lives !!
Obama's DOL and DOJ Directors have seen this evidence but will do nothing to stop these crimes even though the patients may die before their case is heard by the Courts !!!!
The quotes can be seen at the following website but please finish this index before viewing them :
(2) Multiple Professor’s quotes prove many insurers are destroying the lives of very sick patients !!
The quotes include John Marshall Law School Professor Mark Debofsky writing :
“empirical evidence is now available that shows insurers operating under ERISA have systematically engaged in the wrongful denial of claims. Cases of abusive benefit denials involving other disability insurers abound.
(3) Three Judges’ Prove Lawyers Lie In Court To Deny Very Sick Patients Claims
(4) Quotes Prove Unum insurance company is committing the same claims denial crimes at the same time MetLife is, even after Unum and MetLife have received multiple Non Prosecution agreements for illegal kickbacks to promote the sales of these policies !!
(5) U.S. Judge Writes MetLife Trained Agents To Ignore Evidence. The DOL/DOJ Will Not Stop Them !!
(6) While MetLife ignores evidence in disability cases seen in Bullet point one, quotes from three U.S. Court of Appeals Judges prove that MetLife “reverse engineered” and fabricated a pre existing condition so they could deny Long Term Care to a very sick man.
(7) Treasonous Violations of Seven Laws Repeatedly
Insurance companies are ignoring medical evidence while they make hundreds of billions of dollars because they have agreed to the fiduciary laws under U.S. Title 29 1104 which mandates :
“ a fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries”
“with care, skill, prudence, and diligence”
(8) Every American worker is in great danger !!
WFAA TV wrote that “doctors’ medical files are "stripped" of records important to the possible approval of workers' comp claims”.
(9) Similar crimes are also being committed against severely injured War Zone Contractors.
Here are quotes from a ProPublica.org article about multiple U.S. insurance companies including CNA, and the DOL’s failure to enforce the laws :
“CNA's failure to pay out benefits underscores the continuing problems with the Defense Base Act, essentially the workers compensation system for overseas federal contractors.”
“Workers fought long battles for medical care, including such things as prosthetic devices and treatment for post-traumatic stress disorder. The Labor Department seldom took action to enforce the law. One official called the system a "fiasco."
(10) MetLife also fabricates suicide and medical conditions so they can deny valid life insurance claims.
(11) My Psychologist writes “Metlife's actions seem irresponsible, inhumane, dangerous, and reckless”
Please remember there have been multiple times MetLife’s violations caused me to be without money for medical treatment during times that MetLife completely ignored my Long term claims for eye cancer and disability for 6 years.
They continued to ignore them even after they read the following quote I filed with the U.S. Court in Nashville :
"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."
Soon I will again have insufficient funds for living and medical treatment because MetLife has just had two more doctor’s completely ignore medical evidence including my extensive records of falls and accidents that have occurred since I developed eye cancer.
(12) Multiple Insurers Receive Multiple Non Prosecution Agreements For Fraud and Violations in Selling These policies, While Nothing is Done When They Ignore Medical Conditins and Destroy the Claimants Lives !!!!! MetLife and Unum both continue their crimes even after agreeing they will stop !!
(13) I have written to DOL’s top managers numerous times telling them their inaction on my proof that so many lives are being destroyed caused me sleep problems , nightmares, and nausea so bad I was considering cancelling biopsies !! When I forced myself to go for the biopsies in spite of feeling sick, a deep tissue cancer was found.
(14) DOL Violates Fiduciary Duties By Failing To Protect Claimants
The Atlanta Regional Director of the DOL EBSA wrote the following quote in a letter she mailed to me after reviewing all this evidence :
“Please be assured that EBSA’s top priority is to protect the benefits of participants and to make sure that providers of those benefits obey the law.”
(Written on 12/10/2010 by DOL Regional Director RC Marshall)
On January 26, 2011 Department of Labor Director of Participant Response Ms. Sharon Watson sent a letter from Washington saying :
Ms. Watson closed by saying :
“At this time, there is nothing more EBSA can do for you regarding your claim.”
They’ve seen all this evidence multiple times. I would not be having multiple nightmares that I am in tornados if this were just about my claim !!!!!!!!!!!!!!
(15) Quotes From Nine Judges’ in Six Cases Prove MetLife’s Complex Fraud Regarding Vocational Determinations
Evidence of Treason and Organized Crimes
(1) Doctors’ ignoring life threatening medical conditions
Quotes from Numerous Federal Court Judges' and Doctors' seen at
www.deadlyorganizedcrimes.blogspot.com prove MetLife and doctors’ paid by MetLife ignore life threatening medical conditions so they can deny disability claims of very sick and dying patients.
The quotes include :
(a) U.S. District Judge Richard Enslen writing “Metlife and its henchmen”,
(b) U.S. District Judge Timothy Savage writing that Metlife and their paid consultant Dr. Gary Greenhood ignored MRI reports that evidenced Multiple Sclerosis and lesions on the brain of patient Jacquelyn Addis.
(c) MetLife’s doctors’ even destroy women after childbirth !!!!
In the case of Joanne Vick, U.S. District Judge Robert Cleland wrote that Metlife and Dr. Gary Greenhood said Ms. Vick had never fallen. Then Judge Cleland wrote that Metlife and Dr. Greenhood were ignoring the medical records that prove Ms. Vick actually fell and broke her foot in 5 places. Ms. Vickdeveloped diabetic kytoacedosis following childbirth !!
Please remember the patients may die during the years it takes their case to get to Court !!
(2) Professor’s quotes prove multiple insurers are destroying the lives of very sick patients!!
This quote was written by Joseph Belth, Professor Emeritus for Insurance at Indiana University :
"They've turned Erisa on its head," "It was supposed to protect employees, and it's being used to protect insurers."
(end of quote)
"The most important federal insurance regulation of the past generation is ERISA," says Tom Baker, deputy dean of the University of Pennsylvania Law School in Philadelphia. "If ever a law backfired for the public, ERISA is the perfect example."
John Marshall Law School Professor Mark Debofsky wrote:
“empirical evidence is now available that shows insurers operating under ERISA have systematically engaged in the wrongful denial of claims. Cases of abusive benefit denials involving other disability insurers abound. Unum turns out to have been a clumsy villain, but in the hands of subtler operators such misbehavior is much harder to detect.”
(end of quote)
(ERISA is the U.S. Title 29 Employee Retirement Income Security Act which regulates employee benefit health plans of all the 150 million Americans who work for private businesses and corporations in America)
Here are quotes from Aaron Doyle, a professor of sociology and criminology at Carleton University in Ottawa : “What those numbers don’t measure is the trauma survivors like Jane Pierce face when wrongfully denied, says “Most survivors don’t have the stamina and knowledge to file a lawsuit, says Doyle, who has spent a decade interviewing life insurance customers, employees and regulators in the U.S. and Canada.
(3) Three Judges’ Prove Lawyers Lying In Court To Deny Very Sick Patients Claims
Adding to the proof of being treasonous enemies of the U.S., the private law firms paid by MetLife’s fiduciaries have lied in multiple federal courts even though MetLife is required to act with care, skill, diligence and prudence solely for the participant.
Please view the quotes at :
(4) Unum insurance company is committing the same claims denial crimes at the same time MetLife is, even after Unum and MetLife have received multiple Non Prosecution agreements for illegal kickbacks to promote the sales of these policies !!
On November 18th 2004 Unum Provident Insurance Company was involved in a highly publicized settlement with 48 states regarding their inappropriate claims handling practices.
Here are excerpts from the website of the Attorney General of New York :
“The investigations focused on assertions that UnumProvident had inappropriately denied claims for benefits under individual and group long-term disability insurance policies.”
“The settlement announced today requires UnumProvident and its subsidiaries: (1) to reassess approximately 200,000 claims that previously had been denied; (2) to completely restructure their claim handling procedures to ensure objectivity and fairness; and (3) to pay a $15 million fine.”
(end of quotes)
Just like Metlife, Unum is still violating the law even after receiving a non prosecution agreement.
Here are quotes from U.S. District Judge Barbara Crabb who wrote the following in August 2009 about the defendant Unum Insurance :
“Defendant conducted an extensive review of plaintiff's claim and retained a functional capacity evaluator to undertake an evaluation of plaintiff, but it did not explain why it chose to give greater weight to the opinions of four of its consulting physicians over the results of the evaluation.
What is much less clear is why the reviewer chose to believe four doctors who had never seen plaintiff and disbelieve the independent functional capacity evaluator it had retained and who had observed plaintiff closely as she tested him. It is no more clear why Dr. Sternbergh would ask for a functional capacity evaluation and then conclude from it that plaintiff could tolerate standing all day, when the evaluator had reached a different opinion."
(end of quotes)
(Later you’ll see more about the Non Prosecution agreements that Prudential, MetLife, and Unum have received for committing identical violations in the sales of these policies)
They pay millions in illegal kickbacks to increase their sales of these policies because they know they can violate laws when they ignore medical evidence and deny claims !!
I assert that multiple insurance companies committing the same violations and or crimes at the same time against very sick and dying patients is deadly treason being committed in the United States and a threat to our national security !! I also believe the DOL and DOJ’s failure to stop these crimes should be investigated for the possibility of being treason and insurrection !!
(5) U.S. Judge Writes MetLife Trained To Ignore
In the case of Solomon v. Metlife, Judge Robert Sweet wrote that Metlife trained appeals specialists to ignore evidence from the Social Security Administration (SSA). Here’s one quote from Judge Sweet :
"In addition, as in Glenn, MetLife urged plaintiff to apply for government benefits, but then disregarded the SSA’s grant of benefits. Indeed the appeals specialist assigned to decide Solomon’s appeal stated that she had been trained by MetLife to disregard SSA decisions and that the decision was only relevant if MetLife was paying benefits and could use it for an offset.”
I have presented quotes from four more that prove MetLife has a fraudulent pattern of ignoring SSA Judges’ quotes.
(6) While MetLife ignores evidence in the disability cases just mentioned, quotes from three U.S. Court of Appeals Judges prove that MetLife “reverse engineered” and fabricated a pre existing condition so they could deny Long Term Care to a very sick man.
This proves complex fraud because fabricating conditions is the exact opposite of Metlife's ignoring conditions to deny disability claims as seen in bullet point one above.
The Judges’ quotes are posted at :
(7) Treasonous Violations of Seven Laws Repeatedly
It is very treasonous for MetLife to train agents to ignore evidence, because MetLife is allowed to sell billions of dollars of these policies every year because they have agreed to the fiduciary laws under U.S. Title 29 1104 which mandates :
“ a fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries”
“with care, skill, prudence, and diligence”
U.S. Title 29 also mandates :
“The claims procedures contain administrative processes and safeguards designed to ensure and to verify that benefit claim determinations are made in accordance with governing plan documents and that, where appropriate, the plan provisions have been applied consistently with respect to similarly situated claimants.” (Title 29 CFR 2560.503-1 – section (b)(5)”
In exchange for agreeing to these laws the insurance companies make trillions of dollars providing health benefits to 150 million Americans and the insurance companies and they cannot be sued for punitive damages !
You can see four more laws that are being violated simultaneously and repeatedly at :
(8) Similar crimes are also being committed against severely injured War Zone Contractors.
Here are quotes from a ProPublica.org article regarding the Defense Base Act that provides benefits for injured and deceased War Zone Contractors :
“CNA's failure to pay out benefits underscores the continuing problems with the Defense Base Act, essentially the workers compensation system for overseas federal contractors.”
Workers fought long battles for medical care, including such things as prosthetic devices and treatment for post-traumatic stress disorder. The Labor Department seldom took action to enforce the law. One official called the system a "fiasco."
“CNA withheld portions of the investigators' findings when it submitted the claims to the Labor Department, court records show.”
(end of quotes)
The evil crimes being committed against injured and deceased War Zone Contractors and their families are covered in depth in many articles seen at :
Here is a quote from an injured contractor who had his leg and fingers blown off in a car bomb blast :
“The Sheriff repossessed my wheelchair because CNA Global Insurance stopped payment on the check that they issued to the suppliers and my life really started spiraling out of control”
This severely injured contractor also had his bed repossessed.
The author and contributors of this blog are going through Hell inflicted by wealthy insurance companies, while the DOL does nothing to stop them. Please understand their urgency as you read their website !!
I Assert This Obvious Pattern of Unprosecuted Organized Corporate Crimes Adheres to the Enemies of the United States Because it Endangers National Security By Destroying the Lives of Injured Contractors and Deceased Contractors Who Supported Our Troops !!
This Harms Our Military in Many Ways, and Could Provide Recruiting Tools For Terrorists Because It’s a Fact That U.S. Corporations Are Acting With No Conscience and the U.S. Government Will Not Prosecute Dangerous and Deadly Crimes That Are Being Committed by Multiple Insurance Companies.
(9) Every American worker is in great danger if they are injured on the job !! WFAA TV wrote that “doctors’ medical files are "stripped" of records important to the possible approval of workers' comp claims”.
WFAA also wrote the following regarding criminal prosecutions of insurance companies in Texas:
“the number of insurance companies referred since 2000? Zero.”
(end of quote)
Tennessee also has zero insurance companies prosecuted !! Here is an exact quote written by the Tennessee Bureau of Investigations Special Workers Comp Fraud Units Karen Alexander :
" The other question that you asked is why there are only press releases on employees who have been prosecuted. So far, only employees have been successfully prosecuted."
After viewing the remaining types of crimes please view the evidence seen at :
(10) MetLife also fabricates suicide and medical conditions so they can deny valid life insurance claims. Evidence is posted at :
(11) My Psychologist writes “Metlife's actions seem irresponsible, inhumane, dangerous, and reckless”
Please remember there have been multiple times MetLife’s violations caused me to be without money for medical treatment during times that MetLife completely ignored my Long term claims for eye cancer and disability for 6 years.
They continued to ignore them even after they read the following quote I filed with the U.S. Court in Nashville :
"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."
Soon I will again have insufficient funds for living and medical treatment because MetLife has just had two more doctor’s completely ignore medical evidence including my extensive records of falls and accidents that have occurred since I developed eye cancer.
They did this even after reading my Psychologists 5/31/11 report where she wrote “Mr. Schmittou is in a desperate situation”.
Earlier she wrote how MetLife “significantly destabilized” me when three more doctors they paid ignored medical evidence !!
My Psychologist also wrote the following quotes in an urgent letter to Assistant Secretary of Labor Ms. Borzi :
"His thoughts and emotions are so troubled he describes feeling “like my brain is on fire”. I think he struggles to express the fullness of his distress."
"In light of the violations Metlife has committed against Mr. Schmittou and Metlife's awareness of the additional harm caused him, Metlife's actions seem irresponsible, inhumane, dangerous, and reckless."
(end of quotes)
After seeing this the DOL sent me a letter saying there is nothing they can do !!
The DOL website writes the Secretary “is responsible for protecting claimants rights”
To see the full Psychologist’s reports please go to :
I’m amazed that I have survived the stress from this while having so many surgeries.
(12) Multiple Insurers Receive Multiple Non Prosecution Agreements For Fraud and Violations in Selling These policies, While Nothing is Done When They Ignore Medical Conditins and Destroy the Claimants Lives !!!!! MetLife and Unum both continue their crimes even after agreeing they will stop !!
During the exact time that the DOL and DOJ do nothing about dangerous violations of laws in the claims denials mentioned above, multiple non prosecution agreements were given to multiple insurance companies from 2006 until 2010 regarding fraudulent schemes and kickbacks for the sales of the exact same policies !!!!
In their last Non prosecution agreement MetLife admitted multiple frauds and ten million dollars of illegal kickbacks to increase their sales of the ERISA policies. I assert it is mass murderous treason for them to continue to destroy many lives by ignoring life threatening medical conditions in the claims determinations on the policies that they committed multiple frauds to sell !!!!
Prudential Insurance Company and Unum Insurance Company also entered into the same agreement for committing the same violations in the sales of the policies BUT nothing is being done about the violations that are destroying the lives of many very sick patients who file claims.
Please remember Professor Debofsky mentioned Unum in his quotes about abusive claims procedures, and at the same time they also love these policies so much they violate laws to sell them.
As seen earlier Unum is doing the same crimes at the same time, and they had another non prosecution agreement that the Department of Labor was involved in.
MetLife has received three non prosecution agreements for committing the same crimes in the sales of the policies, and just like Metlife, Unum is still violating the law even after receiving a non prosecution agreement. The Department of Justice wrote this in the lengthy Non Prosecution agreement that is seen at :
“It is further understood that MetLife has offered and made restitutionary payments to group policy holders”
I am very concerned that the Department of Justice and Department of Labor may be engaged in a treasonous adhering to enemies as mentioned in U.S. Title 18 § 2381. Treason
They provide restitution for the businesses that bought the policies, but they will do nothing for the very sick and dying claimants who are having their lives destroyed by MetLife and other insurance companies like mine and so many more have been !!
After seeing the quotes from so many Judges’ and Doctors’ and my Psychologists report, on January 26, 2011 Department of Labor EBSA Director of Participant Response Ms. Sharon Watson sent me a letter from Washington saying :
“there is nothing more EBSA can do for you”
Here is the DOL EBSA Statement of Purpose seen on their website:
“Under ERISA, the Secretary of Labor is responsible for protecting the rights and financial security of more that 150 million employee benefit plan participants and beneficiaries and for assuring the integrity and effective management of the private pension and welfare benefit system.”
I have only seen them protect the insurance companies and business policy holders.
Please remember the following quote written by Joseph Belth, Professor Emeritus for Insurance at Indiana University :
"They've turned Erisa on its head," "It was supposed to protect employees, and it's being used to protect insurers."
(13) I have written to DOL’s top managers numerous times telling them their inaction on my proof that so many lives are being destroyed caused me nausea so bad I was considering cancelling biopsies !! When I forced myself to go for the biopsies in spite of feeling sick, a deep tissue cancer was found.
I have informed the DOL that their inaction caused me to have very poor sleep and nightmares where I was in tornados and their debris field, I had dreams where MetLife burned me with cigarettes and killed me, and firebombed me when I ran and hid under a table.
Here are quotes I sent to President Obama and his top managers in an email last Friday, July 8th
To: president@whitehouse.gov; info@messages.whitehouse.gov; solis.hilda@dol.gov; borzi.ebsa.assistantsecretary@dol.gov; watson.sharon@dol.gov; askdoj@usdoj.gov; usatnm.webmaster@usdoj.gov; young.patricia@dol.gov; clark.charlene@dol.gov; debra.hartman@usdoj.gov; san.diego@ic.fbi.gov; oigprograms@oig.dol.gov; ebreezes@hotmail.com; contact.sol@dol.gov
Subject: Recent Intense Nightmares While Awake - Doctor Wrote "Mr. Schmittou is in a Desperate Situation" - President Obama Please Help !! Many Judges Write Similar Things, I Feel The Weight of the World on My Shoulders To Stop Them From Destroying Thousands More
Date: Fri, 8 Jul 2011 13:28:45 -0500
“Last week I had two moments like I have never had before. I woke up twice one morning, but both times I suddenly felt like I was in a horrible nightmare for a few seconds, and everything in my life was extremely desperately wrong.
This was much worse than the conscious feeling like my brain is on fire. I cannot begin to describe the desperation I felt. I was definitely awake but felt like I was in a nightmare at the same time.
I was not in touch with reality during those moments that lasted a few seconds. I’m having nausea and great difficulties sleeping as I've mentioned before.
I believe my recent break from reality was caused by two things:
(1) our top leaders completely reversing reality and allowing so many laws to be turned upside down and enabling the destruction of thousands of lives every year !! I feel a tremendous responsibility to help stop this !!
So many laws are being violated one Professor wrote “Cases of abusive benefit denials involving other disability insurers abound.”
(2) I believe my nightmares while awake were also caused by the fact that in the near future I will have insufficient money for medical expenses and life because MetLife has just had two more doctors’ and a claims agent completely ignore discussion of numerous bloody falls and accidents evidenced in my medical records …
They have also ignored the fact that the DVD I shot in a mirror shows my left eye pulsing abnormally in sync with every heart beat. ( This was caused by surgery where my left eye was removed from the socket )
I am legally blind in my right eye due to eye cancer, and MetLife’s doctors keep saying it is the right eye in the DVD. They write that is no problem because I am legally blind in my right eye.
BUT MetLife’s record shows I have repeatedly written to MetLife telling them it is my left eye pulsing in the DVD !!
Imagine deciding to save what little you have for living expenses and cancel plans to see the neuro surgeon that your left eye surgeon referred you to for the left eye pulsing, and this is necessary because MetLife has just ignored this and denied your claim, and you can’t afford to live and seek treatment for the condition they are ignoring !!
I assert that is because the evidence I have compiled proves MetLife and the other insurers are being protected from crimes so huge they are more dangerous and treasonous than all the terrorists in the world combined.
MetLife paid the Department of Justice 13.5 million in their latest Non Prosecution agreement. Prudential Insurance Company and Unum Insurance Company also entered into the same agreement for committing the same violations in the sales of the policies. But please remember nothing is being done about the violations that are destroying the lives of many very sick patients who file claims.
MetLife has made huge political contributions and spent 41 million lobbying in the last ten years. I am very concerned this has caused the DOL and DOJ to ignore the fact they are acting like Psychopaths and ignoring brain lesions, multiple sclerosis, cardiac conditions and a foot a new mother broke in 5 places, and so much more !!
Additionally, MetLife is still attacking me with more crimes even after the Non Prosecution agreements said they agreed not to commit crimes.
You can see MetLife’s lying quotes from the agreements and two examples of how MetLife continued to endanger my life even after they signed the Non Prosecution agreement:
Please go to the following websites:
(14) DOL Violates Fiduciary Duties By Failing To Protect Claimants
The Atlanta Regional Director of the DOL EBSA wrote the following quote in a letter she mailed to me after reviewing quotes from numerous U.S. Judges’ that prove MetLife and doctors’ paid by MetLife ignore life threatening medical conditions including Multiple Sclerosis, brain lesions, and cardiac conditions :
“Please be assured that EBSA’s top priority is to protect the benefits of participants and to make sure that providers of those benefits obey the law.”
(Written on 12/10/2010 by DOL Regional Director RC Marshall)
On January 26, 2011 Department of Labor Director of Participant Response Ms. Sharon Watson sent a letter from Washington saying :
“As we previously indicated, we take the allegations you have made that MetLife has engaged in a pattern of fraudulent activities regarding your claim and other participants’ claims very seriously and have taken the information under advisement.”
Ms. Watson closed by saying :
“At this time, there is nothing more EBSA can do for you regarding your claim.”
It took me four years to get the DOL to even acknowledge and respond to the evidence I submitted.
They responded when I placed a video on YouTube where the DOL agent repeatedly said “We can’t go against MetLife”.
Here is the DOL EBSA Statement of Purpose seen on their website:
“Under ERISA, the Secretary of Labor is responsible for protecting the rights and financial security of more that 150 million employee benefit plan participants and beneficiaries and for assuring the integrity and effective management of the private pension and welfare benefit system.”
In spite of this responsibility the DOL and DOJ have done absolutely nothing after four years of my repeated requests to have them stop insurance companies and the doctor’s they pay from ignoring life threatening medical conditions of very sick patients !!
(15) Quotes From Nine Judges’ in Six Cases Prove MetLife’s Complex Fraud Regarding Vocational Determinations
The following quotes were written by the Honorable Judges from the 6th Circuit in the case of Wanda Glenn verses Metlife, (Case Number 05-3918)
“This inappropriately selective consideration of Glenn’s medical record was compounded by the fact that the occupational skills analyst and the independent medical consultant were apparently not provided with full information from Dr. Patel on which to base their conclusions.”
(2) Here are quotes written by the Honorable Judges in the 6th Circuit in the case of Janice Spangler, v. Lockheed Martin Energy Systems, Inc.; Metropolitan Life Insurance Co., No. 01-5770, File Name: 02a0424p.06.
“Why Met Life did not also send Dr. Rice's report or the rest of Spangler's file to Crawford for review by the vocational consultant is inexplicable. Indeed, we can only conclude that Met Life, as Spangler contends, "cherry-picked" her file in hopes of obtaining a favorable report from the vocational consultant as to Spangler's ability to work.”
“Met Life's action in sending only Dr. MacKay's September 14, 1999, report to Crawford was arbitrary and capricious. Met Life should have provided Crawford with all of the medical records relevant to Spangler's capacity to work. As a result, the report by Crawford's vocational consultant was an incomplete and inaccurate representation of Spangler's ability to work.”
(3) Judge William Acker asked Metlife this question about cardiac patient Frank Blankenship :
"Can a heart patient with angina, working under severe stress, be expected to earn up to 60 percent of what he earned before his heart condition, that is, until he drops dead?"
(4) Here are quotes from the Report and Recommendation written by U.S. Magistrate Judge Jennifer Guerm in the case of Wright verses Metlife :
"MetLife relied on clearly erroneous findings of fact in making its benefit determination. MetLife’s review of Plaintiff’s appeal consistently omitted or misrepresented relevant information in several ways."
"On October 18, 2004, Dr. Barnett wrote a letter to MetLife stating:
"I am gravely disturbed by your misrepresentation of the facts with regard to my discussion with your independent physician consultant and your lack of due diligence in collecting further medical information regarding Mr. Wright’s health condition."
"You indicate in your letter that “it was concluded that you are out of work primarily due to work related stress.” I spent over 30 minutes on the phone with your independent physician consultant explaining that this was definitely not the case. Indeed, this consultant seemed to have had a preconceived notion that stress was why the patient was out of work and that there was no cardiovascular disease contributing. I very clearly explained that this was not the case. Indeed, Mr. Wright has ongoing cardiac disease including ischemia and loss of function due to previous myocardial infarctions."
"Each time I expressed the belief to your consultant, she would return to the fact that she felt that stress must be the major issue that was keeping him out of work.... Furthermore, I carefully explained to your physician that Mr. Wright has nonunion of the sternum resulting in severe pain and contributing to his disability, and yet you fail to mention that at all in your note."
(End of Dr. Barnett’s quotes that Judge Guerm included in her report)
(5) The following quotes are from the Opinion written by Honorable U.S. District Judge Richard Alan Enslen in the case of Zanny v. MetLife :
“Metropolitan Life Insurance Company has arrived at a formula for operating a profitable insurance business. It simply does not allow piddling things like facts to intrude upon its employee benefit claims decisions.
“On May1, 2002, MetLife requested Ann Tacl (a rehabilitation counselor) to provide a written report concerning Plaintiff’s employability. The Tacl report, for the most part, completely ignored medical information supporting disability, psychiatric hospitalization records, or the reports of examining psychologists and previous rehabilitation counselors who concluded that Plaintiff was not employable at any occupation nor able to operate a for-profit business. (Id.)”
“Tacl’s report is dated May 14, 2002. In it, she concludes that there is “no objective evidence that she [Plaintiff] has cognitive deficits . . . .”
“This conclusion is wildly inaccurate and wholly ignored the opinions of every psychiatrist or psychologist who has physically examined Plaintiff, including the most recent such examinations.”
“This record is an open indictment of MetLife’s practices and treatment of the mentally-ill and long-term disability benefits.
(6) Here are quotes written by Honorable Judge Malachy Mannion in the case of JAMES KNOBLAUCH v. METROPOLITAN LIFE.
** Judge Mannion wrote the first quotes regarding the questionable relationship Metlife has with the company Metlife pays to perform FCE’s that evaluate the claimant’s ability to work.
** Judge Mannion also details how there are far more limitations on the patients than Metlife is reporting :
“The court has noted, however, that there are several documents in the file which appear to contradict the defendants’ assertion that there was no questionable relationship between Isernhagen and Metlife or Synchrony. For example, there is a document titled “Isernhagen Work Systems Functional Capacity Report” which is on Metlife letterhead.”
“There is another document titled “Isernhagen Quality Providers/MetDisAbility (sic) Referral Form” which gives specific directions to the FCE provider as to how Metlife FCEs are to be handled procedurally. This form requires the reviewer to“[C]ontact MetDisability with a verbal report 1 day after the FCE is completed.”
“There is a Metlife/Synchrony log entry dated April 5, 2002, which states:
...telephone call on voice mail from Cindy from Isernhagen
at 2:52 pm. FCE done 4/3 and 4/4...ee (sic) did pretty well. He
was compliant, cooperative, no self limiting. Unstable BP first
day, said she had to call MD his pressure was so high. On the
second day his heart rate was unstable and he was having
abdominal pain, so limitations were more medical [than] strength
factors...” (Doc. No. 20, p. 42)(emphasis added).”
“This more contemporaneous statement of the FCE results is telling in that it suggests far more limitations on the part of the plaintiff than later statements made by Metlife/Syncrony to the plaintiff in support of its decision to terminate benefits.”
“Also disturbing is the fact that Ms. Oxendine testified that she had not been provided with a copy of the plaintiff’s job description prior to performing the FCE. Ms. Oxendine stated, “...I did not have available to me at the time of his FCE a job description...[It] was not available at the time I performed the FCE.”
“Ms. Oxendine’s testimony also undermines the post-termination, post- appeal records review performed on July 9, 2002, by Joseph M. Nesta, M.D. For example, Dr. Nesta assumed that the plaintiff’s job description was before Ms. Oxendine at the time the FCE was performed.”
“After the plaintiff appealed the determination, the
defendants had a physician consultant, Joseph M. Nesta, M.D., review the record. No independent medical examination was performed.”
“When Dr. Nesta did his records review, he stated, “...[B]y July 20, 2001 this individual was cleared by his surgeon to return to work.” He either did not know, or failed to include, the fact that the plaintiff’s surgeon, Dr. Scagliotti, released the patient “to return to light physical activity...as tolerated,” and that the plaintiff was “instructed to progress as tolerated.”. No interpretation of Dr. Scagliotti’s records could suggest that he was released to return to unrestricted full time work.”
“Dr. Nesta further stated in his report, “This individual also has had a chronic pancreatic insufficiency. This is treated with pancreatic replacement therapy.” As can be seen from Dr. Brislin’s above referenced report, the plaintiff’s ongoing pancreatic insufficiency was stated to be very difficult to control despite high doses of pancreatic supplements, and enzyme supplements.”
“There was never any discussion concerning the plaintiff’s other medical complications including the inability to control the pancreatic insufficiency with medications, or fatigue. Fatigue is documented profusely in the FCE, but never mentioned by the defendants. There is no acknowledgment that neither of the plaintiff’s treating physicians ever released him to full time work. In fact, the only treating, or examining physician who released him without restrictions was the orthopedic physician, whose actual name was never mentioned, and who clearly was referring only to the plaintiff’s shoulder capsulitis problem.”
MIDDLE DISTRICT OF PENNSYLVANIA CIVIL ACTION NO. 3:02-1801
I assert under oath with penalty of perjury that everything I have presented in this document are true to the best of my knowledge.
Barry Schmittou
Address removed from this internet copy
barryschmittou@live.com
