BARBARA B. CRABB, District Judge.
In this civil action, pro se plaintiff Joseph Reinwand, a prisoner at the Columbia Correctional Institution in Portage, Wisconsin, is bringing claims under the Employee Retirement Income Security Act, 29 U.S.C. § 1132, against the pension plan of his previous employer. Now before the court is defendant's motion for summary judgment. Dkt. #30. For the reasons below, I conclude that defendant did not act arbitrarily and capriciously in denying plaintiff benefits. Accordingly, I am granting defendant's motion for summary judgment.
From the defendant's proposed findings of fact, plaintiff's responses and the administrative record, I find the following facts to be undisputed.
Plaintiff Joseph Reinwand was formerly employed as an electrical worker. For more than a decade, he received monthly disability benefits from defendant National Electrical Benefit Fund defendant, a multi-employer pension plan, using employer contributions to provide benefits for workers in the electrical industry. Plaintiff qualified for and received a pension because he was entitled to federal disability benefits from the Social Security Administration, and a Social Security award was satisfactory proof of total disability under defendant's plan. In 2012, defendant terminated plaintiff's pension benefits after learning that plaintiff's Social Security benefits had been terminated when he was incarcerated. Plaintiff later applied to have defendant reinstate his pension benefits, but defendant's administrator denied his claim without an explanation.
In December 2014, plaintiff sued defendant for reinstatement of his benefits.
On June 30, 2016, defendant notified plaintiff that it intended to review and consider his request for reinstatement of benefits in accordance with the court's order. Dkt. #32-5 at 2. Defendant provided plaintiff a blank medical report form to be completed by a treating physician and directed plaintiff to submit evidence of a Social Security Administration award or sufficient medical records to demonstrate that he was totally disabled. Defendant re-sent the June 30, 2016 letter to plaintiff on August 16, 2016.
In a letter to plaintiff dated October 6, 2016, defendant stated that it had not yet received a response to its previous letters. Defendant explained that under the terms of the plan, defendant would pay disability benefits only if plaintiff was "unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than twelve months (12) months."
On or around October 6, 2016, defendant received from plaintiff a single page medical report dated September 29, 2016 that had been completed by Dr. David Grodsky at the Columbia Correctional Institution.
Defendant forwarded the report, as well as plaintiff's previous two medical reports, to Dr. Shawn Clausen for her opinion of about the extent of plaintiff's disability since 2012.
Plaintiff appealed to the trustees on November 29, 2016.
Defendant's trustees sent plaintiff's three medical reports to a third party medical reviewer, Medical Review Institute of America, Inc., for an opinion as to whether plaintiff "is currently, or has been at any time since April 2012 `unable to engage in any substantial gainful employment by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasts or can be expected to last for a continuous period of not less than twelve (12) months.'"
The reviewing psychiatrist gave the opinion that "there is no evidence to support a determination of total disability in this case," providing the following rationale:
On March 21, 2017, the trustees sent a letter to plaintiff denying his appeal.
On July 17, 2017, plaintiff filed this lawsuit, seeking reinstatement of his disability benefits.
Under ERISA, a plan participant or beneficiary may bring a civil action "to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan." 29 U.S.C. § 1132(a)(1)(B). When a court reviews a denial of benefits under an insurance policy governed by ERISA, the denial must be reviewed under the de novo standard unless the plan has given the plan administrator or fiduciary discretionary authority to determine benefits or construe the terms of the plan.
The "arbitrary and capricious standard is the least demanding form of judicial review of administrative action, and any questions of judgment are left to the administrator of the plan."
In addition to these substantive requirements, ERISA requires that, in denying a claim, the claims administrator communicate the "specific reasons" for the denial to the claimant and afford the claimant an opportunity for a "full and fair review." 29 U.S.C. § 1133;
In this instance, defendant's decision to deny plaintiff's claim for benefits was reasonable and defendant provided a sufficient explanation for its decision, in light of the record before it. Following the remand order, both the plan administrator and trustees considered plaintiff's claim. Plaintiff had the opportunity to present medical evidence of his disability, but he submitted only a single document from his treating physician listing his diagnoses and a couple of symptoms, without providing any treatment records or further explaining why his mental health problems prohibited him from working. Despite the meager evidence, the trustees forwarded plaintiff's medical reports to an independent psychiatrist for review. Not surprisingly, the psychiatrist concluded that there was no evidence to support plaintiff's claim of total disability. The trustees reasonably relied on the psychiatrist's opinion and the lack of objective medical evidence to conclude that plaintiff's condition did not meet the plan's definition of total disability.
Plaintiff argues that defendant should have credited the opinion of the prison doctor that plaintiff is "unable to work." He further argues that the trustees' demand for more specific medical evidence was unreasonable. However, ERISA demands "a `reasonable inquiry' into a claimant's medical condition and his vocational skills and potential,"
Accordingly, I conclude that plaintiff's claim received a full and fair review and that the decision to deny him disability benefits has rational support in the record.
IT IS ORDERED that defendant National Electrical Benefit Fund's motion for summary judgment, dkt. #30, is GRANTED. The clerk of court is directed to enter judgment for defendant and close this case.