| Dr. Beatriz Martinez began working for the Family | | | | considerable reduction in pay. |
| Health Care Centers of Southwest Florida (FHC) | | | | Martinez’s disability insurance attorney first |
| as a physician. Her contract with FHC began in | | | | represented her case against MetLife before the |
| early November 2001 and extended through | | | | U.S. District Court for the Middle District of Florida. |
| November of 2003. The contract required FHC to | | | | This court found that the case was time-barred |
| provide long-term disability insurance as a benefit | | | | by the statute of limitation included in the policy |
| of employment. She had only been with FHC for | | | | language. |
| a month when she suffered a grand mal seizure. | | | | Her disability lawyer then represented her |
| It was at this time that a brain tumor was | | | | long-term disability claim before the U.S. Court of |
| discovered. Martinez underwent surgery. She was | | | | Appeals for the Eleventh Circuit in Atlanta, GA. |
| finally able to return to work in Feburary, 2002, | | | | MetLife Wins Case Because Statute of Limitations |
| but it soon became apparent that her health was | | | | Ran Out |
| continuing to deteriorate. She was unable to fill her | | | | The Court of Appeals reviewed the record and |
| role as a physician, so FHC reassigned her to a | | | | sided with MetLife. Using the most generous dates |
| position where she provided bilingual health | | | | possible, the Court found that Dr. Martinez’s |
| education. She held this position until April 2003, | | | | claim was filed with MetLife four months too late. |
| until working became impossible. | | | | The Statute of Limitations Begins Ticking on the |
| Employer Cancels Disability Insurance Policy with | | | | Day of Demotion. |
| MetLife. | | | | Disability insurance policies contain complex and |
| Meanwhile, FHC had cancelled its policy with | | | | confusing contractual language that disability |
| MetLife. When Martinez filed a disability claim with | | | | attorneys take years to become experts at |
| MetLife one year later in April 2004, MetLIfe | | | | interpreting. MetLife’s inclusion in the disability |
| denied her claim. They provided three reasons for | | | | policy language of a one year time limit to filing |
| doing so: | | | | disability claims was shorter than the statute of |
| 1)MetLife claimed that her coverage didn’t | | | | limitations generally recognized for insurance claims |
| become effective until after her brain seizure. The | | | | in Florida. Courts consistently uphold the shorter |
| disability insurance provider considered the brain | | | | time limits in disability insurance policies. In order |
| tumor a pre-existing condition which would not be | | | | for Dr. Martinez to have won her disability claim |
| covered by the disability insurance policy language. | | | | based on her demotion from physician to |
| 2)MetLife pointed to Martinez’s last day of | | | | educator, she needed to file her claim within one |
| work. It fell after FHC cancelled the disability | | | | year of that date. Instead, she filed her claim one |
| insurance plan with MetLIfe. 3)MetLife considered | | | | year after she left work permanently. |
| the last day that Martinez worked as the first | | | | Hire a Disability Insurance Attorney Early. |
| day of her disability. | | | | You must remember that disability insurance |
| Martinez appealed MetLife’s denial, but the | | | | companies seize any opportunity they can to |
| appeal paperwork disappeared. | | | | deny a claim for benefits. They aren’t going |
| Disability Attorney Supports Claim. | | | | to remind you that an important deadline is |
| Martinez’s disability lawyer supported her | | | | coming up. You will get one notice at the most. |
| contention that she had a claim. She disagreed | | | | Seeking a disability attorney to guide you through |
| with MetLife’s starting date for coverage. She | | | | the challenging process of applying for disability |
| believed it began with the date she began working | | | | insurance and appealing a disability claim denial or |
| for FHC. She also felt that under the language of | | | | disability insurance termination can make the |
| the policy, her disability actually began when she | | | | difference between receiving the benefits you |
| was forced to downgrade from a physician to a | | | | deserve and being wrongfully denied. |
| health educator, as this had precipitated a | | | | |