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Chubb Vice President With Anxiety Wins New York Life Disability Appeal
The case involves an assistant vice president of claims who worked in a business consulting capacity for Chubb. Her occupation involved significant responsibility, including managing employees who reported to her. She stopped working because of mental health conditions that included generalized anxiety disorder, major depression, and post-traumatic stress disorder (PTSD). Although she received short-term disability benefits, New York Life denied her claim when it transitioned from short-term to long-term disability.
New York Life did not dispute that the client had been diagnosed with these conditions. Instead, the insurer concluded there was insufficient evidence that her symptoms caused a level of impairment severe enough to prevent her from performing the duties of her occupation. Her treating providers supported disability and had written letters stating that she could not perform her job, but additional detail was needed to connect her symptoms and limitations to the specific demands of her occupation.
Attorney Stephen Jessup developed the appeal by expanding upon the evidence already provided by the client’s therapist and physician. New York Life had pointed to factors such as the client not participating in an intensive outpatient treatment program, being well-groomed and oriented during appointments, and remaining capable of performing activities of daily living. The appeal instead focused on whether she could reliably perform the demanding cognitive and managerial responsibilities of her occupation.
Key components of the appeal included:
- Obtaining detailed questionnaires and additional statements from the client’s treating providers explaining her specific psychiatric restrictions and limitations.
- Conducting cognitive testing that documented significant problems with focus and attention associated with the severity of her mental health conditions.
- Developing evidence that connected her anxiety, depression, and PTSD symptoms to her inability to perform her occupational duties.
- Documenting the substantial responsibilities of her assistant vice president position, including oversight of employees who reported to her.
- Demonstrating the distinction between being capable of basic activities of daily living and having the sustained cognitive and emotional capacity required