Carol Hunt v. Metropolitan Life Insurance Company International Business MacHines Corporation , 425 F.3d 489 ( 2005 )

BYE, Circuit Judge,

dissenting.

I respectfully dissent. I believe Hunt submitted sufficient evidence to establish that she is totally disabled and thus entitled to benefits under the Plan. MetLife does not dispute Hunt has RLS; Hunt’s treating physician — a neurologist who specializes in sleep disorders — opined that Hunt is totally disabled and incapable of work; Hunt submitted below an April 2002 sleep study indicating RLS drastically impairs her ability to sleep; and the Social Security Administration (SSA) awarded Hunt benefits. See Norris v. Citibank, N.A. Disability Plan (501), 308 F.3d 880, 885 (8th Cir.2002) (affirming reversal of termination of benefits where there was little, if any, record evidence from which reasonable person could find claimant not disabled); Riedl v. Gen. Am. Life Ins. Co., 248 F.3d 753, 759 n. 4 (8th Cir.2001) (although SSA determination is not binding, it is admissible evidence to support ERISA claim for benefits); cf. Lain v. UNUM Life Ins. Co. of Am., 279 F.3d 337, 346-47 (5th Cir.2002) (plan administrator abused its discretion in denying benefits to lawyer who maintained she could not concentrate for long periods because of severe chest pains). Further, even assuming Hunt failed to submit objective evidence of the severity of her RLS, a plan administrator may not deny benefits based solely on the absence of objective medical evidence. See House v. The Paul Revere Life Ins. Co., 241 F.3d 1045, 1048 (8th Cir.2001) (concluding plan administrator abused its discretion in denying benefits based solely on absence of any objective evidence that claimant was unable to perform occupations identified by plan administrator; administrator possessed “not even a scintilla of evidence” refuting treating physician’s opinion that claimant, who had severe coronary artery disease, was totally disabled, and even if such opinion could be dismissed as subjective, nothing in plan supported administrator’s demand for objective evidence). This is especially true where, as here, the claimant’s subjective complaints are not contradicted by or inconsistent with other record evidence. See Coker v. Metro. Life Ins. Co., 281 F.3d 793, 799 (8th Cir.2002) (affirming denial of benefits where claimant’s disability claim was unsupported by submitted objective medical evidence and plan administrator’s decision was not overwhelmed by contrary evidence). Thus, I would reverse the grant of summary judgment.