Rebecca Ladd v. Itt Corp. & Metro. Life Ins. Co., 148 F.3d 753 (7th Cir. 1998). · Go Syfert
Rebecca Ladd v. Itt Corp. & Metro. Life Ins. Co., 148 F.3d 753 (7th Cir. 1998). Cases Citing This Book View Copy Cite
“he purpose of the doctrine . . . is to reduce fraud in the legal process by forcing a modicum of consistency on a repeating litigant.”
187 citation events (157 in the last 25 years) across 34 distinct courts.
Strongest positive: Mungo, Marjorie L. v. Taylor, Maureen S. (ca7, 2004-01-20) · Strongest negative: Green v. Sun Life Assurance Co. (ilnd, 2016-03-07)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Green v. Sun Life Assurance Co.
N.D. Ill. · 2016 · signal: but see · confidence high
But see Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998) (holding that the doctrine of judicial estoppel is technically inapplicable where the plan administrator is not a party to the SSA proceeding, and even if the spirit of the doctrine were to be applied in these types of Cases, it does nót provide an independent basis for awarding benefits).
discussed Cited as authority (verbatim quote) Mungo, Marjorie L. v. Taylor, Maureen S.
7th Cir. · 2004 · quote attribution · 1 verbatim quote · confidence high
he purpose of the doctrine . . . is to reduce fraud in the legal process by forcing a modicum of consistency on a repeating litigant.
cited Cited as authority (rule) Lundsten v. Creative Community Living Services, Inc.
E.D. Wis. · 2015 · confidence medium
Co. of N.Y., 700 F.3d 1076, 1087 (7th Cir.2012) (“Raybourne II”); Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998).
discussed Cited as authority (rule) Karul v. S.C. Johnson & Son Long Term Disability Plan
E.D. Wis. · 2015 · confidence medium
Assoc., 991 F.2d 356, 358 (7th Cir.1993) (Social Security determination of disability not dispositive of disability under pension plan), a determination of disability under the Social Security Act can be considered when applicable, see Ladd v. ITT Corp., 148 F.3d 753, 755-56 (7th Cir.1998) (considering grant of social security benefits when determining whether insured’s denial was arbitrary and capricious under ERISA).
discussed Cited as authority (rule) Boxell v. Plan for Group Insurance of Verizon Communications, Inc.
N.D. Ind. · 2014 · confidence medium
Co., 502 F.3d 601, 610 (7th Cir.2007) (“[T]he Plan was not estopped from independently interpreting the terms of its policy merely because the SSA found Mote to be disabled pursuant to its standards .... ”); Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998) (holding that while these circumstances may fall “within the penumbra of the doctrine of judicial estoppel,” that doctrine “is technically not applicable” in these circumstances and “does not provide an independent basis” for awarding benefits); see Glenn, 554 U.S. at 118 , 128 S.Ct. 2343 (weighing the plan’s treatment o…
examined Cited as authority (rule) Diane G. Melech v. Life Insurance Company of North America (4×)
11th Cir. · 2014 · confidence medium
Co., 461 F.3d 660, 666-669 (6th Cir.2006), affd on other grounds by 554 U.S. 105 , 128 S.Ct. 2343 , 171 L.Ed.2d 299 (2008); Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998) (Posner, J.); Montour v. Hartford Life & Accident Ins.
discussed Cited as authority (rule) David Grochocinski v. Mayer Brown Rowe & Maw, LLP
7th Cir. · 2013 · confidence medium
The doctrine protects the courts from being “ ‘manipulated by chameleonic litigants who seek to prevail, twice, on opposite theories.’ ” Ogden Martin Systems of Indianapolis, Inc. v. Whiting Corp., 179 F.3d 523, 527 (7th Cir.1999) (quotations omitted); Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998) (“the purpose of the doctrine ... is to reduce fraud in the legal process by forcing a modicum of consistency on a repeating litigant”).
discussed Cited as authority (rule) Alberigo v. Hartford
E.D.N.Y · 2012 · confidence medium
The Hobson Court compared Ladd v. ITT Corp., 148 F.3d 753, 755-56 (7th Cir.1998), where the Seventh Circuit reasoned that a claim denial was “irrational” where the claimant’s medical condition worsened after the SSA awarded her benefits but before the plan administrator denied her ERISA benefits.
cited Cited as authority (rule) Walton v. Bayer Corporation
7th Cir. · 2011 · confidence medium
Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998).
discussed Cited as authority (rule) Kouns v. Hartford Life & Accident Insurance
N.D. Ohio · 2011 · confidence medium
As elaborated by the Seventh Circuit in Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998), and later adopted by the Sixth Circuit, the rationale for this factor is that it serves as a form of estoppel, reducing fraud by preventing the insurer from taking inconsistent positions in related proceedings.
discussed Cited as authority (rule) Morris v. American Electric Power Long-Term Disability Plane (2×)
6th Cir. · 2010 · confidence medium
Glenn, 461 F.3d at 667 -68 (quoting Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998)).
discussed Cited as authority (rule) Perry v. Blum
1st Cir. · 2010 · confidence medium
Nevertheless, courts sometimes have allowed judicial estoppel when the estopped party was responsible in fact for the earlier representation, see, e.g., Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998), or when the estopped party was the assignee of a litigation claim or assumed the original party’s role, see 18B Wright et ah, supra, § 4477, at 618-19.
cited Cited as authority (rule) Janice Curry v. Eaton Corporation
6th Cir. · 2010 · confidence medium
Ibid, (quoting Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998)) (citations omitted by 6th Circuit).
discussed Cited as authority (rule) Holmstrom v. Metropolitan Life Insurance
7th Cir. · 2010 · confidence medium
Glenn, 128 S.Ct. at 2352 (citations omitted); see also Raybowme, 576 F.3d at 450 (“after Glenn , [the administrator’s advocacy of a disability finding before the SSA should have been treated as a serious concern for the court to consider”) (internal quotations omitted); Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998) (reversing denial of benefits in part because administrator supported claimant’s efforts to demonstrate total disability to the Social Security Administration, then denied claimant was totally disabled even though her condition had not improved).
discussed Cited as authority (rule) Kristen Majeski v. Metro Life Insur Co
7th Cir. · 2009 · confidence medium
Majeski rightly observes that Glenn gave more weight to the plan administrator’s conflict of interest because the plan administrator there had first No. 09-1930 9 encouraged the claimant to file for Social Security benefits, then received the bulk of those benefits, and finally ignored the Social Security Administration’s finding when determining whether the claimant was disabled under the terms of the plan. 128 S. Ct. at 2352 ; Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir. 1998) (recog- nizing significance of same sequence).
discussed Cited as authority (rule) Majeski v. Metropolitan Life Insurance
7th Cir. · 2009 · confidence medium
Majeski rightly observes that Glenn gave more weight to the plan administrator’s conflict of interest because the plan administrator there had first encouraged the claimant to file for Social Security benefits, then received the bulk of those benefits, and finally ignored the Social Security Administration’s finding when determining whether the claimant was disabled under the terms of the plan. 128 S.Ct. at 2352 ; Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998) (recognizing significance of same sequence).
discussed Cited as authority (rule) Hobson v. Metro. Life Ins. Co.
2d Cir. · 2009 · confidence medium
MetLife terminated Hobson’s benefits on 16 the basis that she had successfully recovered from this surgery; 17 thus, the SSA’s determination as to her pre-surgical condition 18 was no longer relevant when Metlife denied her benefits claim. 19 Compare with Ladd v. ITT Corp., 148 F.3d 753, 755-56 (7th Cir. 20 1998) (determining that the claim denial was “irrational” where 21 the claimant’s medical condition worsened after the SSA awarded 22 her benefits but before the plan administrator denied her ERISA 23 benefits). 24 As for Hobson’s fibromyalgia diagnosis, substantial evidence 25 …
discussed Cited as authority (rule) Charles Jenkins v. Price Waterhouse Long Term Dis
7th Cir. · 2009 · confidence medium
Jenkins’s T-cell count had stabilized, his viral load had diminished, he was not wasting away, and, by his own admission, there were at least some days when he could work a full eight hours.9 Against this 8 (...continued) Health Care Service Corp., 301 F.3d 811 (7th Cir. 2002), “this appears to be a distinction without a difference.” Id. at 816 n.4 (citing Ladd v. ITT Corp., 148 F.3d 753, 754 (7th Cir. 1998), Ross v. Indiana State Teacher’s Ass’n Ins.
discussed Cited as authority (rule) Jenkins v. Price Waterhouse Long Term Disability Plan
7th Cir. · 2009 · confidence medium
However, as we noted in Fritcher v. Health Care Service Corp., 301 F.3d 811 (7th Cir.2002), "this appears to be a distinction without a difference.” Id. at 816 n. 4 (citing Ladd v. ITT Corp., 148 F.3d 753, 754 (7th Cir. 1998), Ross v. Indiana State Teacher’s Ass’n Ins.
discussed Cited as authority (rule) Poly-Flex Construction, Inc. v. Neyer, Tiseo & Hindo, Ltd.
W.D. Mich. · 2009 · confidence medium
Boggs, Gibbons, Griffin) (“ ‘if a party wins a suit on one ground, it can’t turn around and in further litigation with the same opponent repudiate the ground in order to win a further victory’ ”) (quoting Ladd v. ITT Corp., 148 F.3d 753, 755 (7th Cir. 1998)) (emphasis added).
discussed Cited as authority (rule) Moore v. Bell
9th Cir. · 2008 · confidence medium
See, e.g., Brigham, v. Sun Life of Can., 317 F.3d 72, 85-86 (1st Cir.2003) (holding that the plan administrator did not act arbitrarily and capriciously in denying total disability benefits to a paraplegic with ongoing and significant muscle strain and pain, where the claimant could be retrained for part-time work in sedentary jobs); Bond v. Cerner Corp., 309 F.3d 1064, 1067 (8th Cir.2002) (holding that claimant’s part-time work barred her from establishing that she could not continuously perform the substantial and material duties of “any occupation”); Ladd v. ITT Corf., 148 F.3d 753, 7…
discussed Cited as authority (rule) Rabuck v. Hartford Life & Accident Insurance Co.
W.D. Mich. · 2007 · confidence medium
“The SSA determination to award benefits ... is ... just one factor the Court should consider, in the context of the record as a whole, in determining whether [the administrator’s] contrary decision was arbitrary and capricious.” Id. at 295 . “[A] decision by a plan administrator to seek and embrace a SSA determination for its own benefit, and then ignore or discount it later, ‘casts additional doubt on the adequacy of their evaluation of ... [a] claim, even if it does not provide an independent basis for rejecting that evaluation.’ ” 409 F.3d at 295 (quoting Ladd v. ITT Corp., 1…
discussed Cited as authority (rule) DELISLE v. Sun Life Assur. Co. of Canada
E.D. Mich. · 2007 · confidence medium
Under such circumstances, “the grant of social security disability benefits ... brings the case within the penumbra of the doctrine of judicial estoppel.” Glenn, 461 F.3d at 667 -68 (quoting Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998)).
discussed Cited as authority (rule) Lumbermens Mutual Casualty Co. v. Combs (2×)
Ind. Ct. App. · 2007 · signal: cf. · confidence medium
Cf. Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998). 22 Upon terminating Combs’s claim, Lumbermens realized a profit of over $356,000.
discussed Cited as authority (rule) Force v. AMERITECH CORP., INC.
E.D. Mich. · 2006 · confidence medium
The Glenn court quoted Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998) as follows regarding what Judge Posner termed the penumbra of judicial estoppel: *751 “The grant of social security disability benefits ... brings this case within the penumbra of the doctrine of judicial es-toppel&emdash;that if a party wins a suit on one ground, it can’t turn around and in further litigation with the same opponent repudiate the ground in order to win a further victory.
discussed Cited as authority (rule) Glenn v. MetLife (2×)
6th Cir. · 2006 · confidence medium
In Ladd v. ITT Corp., 148 F.3d 753, 755-56 (7th Cir. 1998), for example, the Seventh Circuit overturned a plan administrator’s denial of disability benefits after finding that the insurance company had encouraged and assisted the plaintiff in applying for Social Security benefits, which were granted after an administrative law judge found that the plaintiff was totally disabled.
examined Cited as authority (rule) Wanda Glenn v. Metlife (Metropolitan Life Insurance Company) and Long Term Disability Plan for Associates of Sears, Roebuck and Company (4×)
6th Cir. · 2006 · confidence medium
In Ladd v. ITT Corp., 148 F.3d 753, 755-56 (7th Cir.1998), for example, the Seventh Circuit overturned a plan administrator’s denial of disability benefits after finding that the insurance company had encouraged and assisted the plaintiff in applying for Social Security benefits, which were granted after an administrative law judge found that the plaintiff was totally disabled.
cited Cited as authority (rule) Wical v. International Paper Long-Term Disability Plan
6th Cir. · 2006 · confidence medium
Ladd, 148 F.3d at 756 (emphasis added, internal citations omitted).
cited Cited as authority (rule) Allan E. Rud v. Liberty Life Assurance Company of Boston
7th Cir. · 2006 · confidence medium
Id. at 115 , 109 S.Ct. 948 ; Ladd v. ITT Corp., 148 F.3d 753, 753-54 (7th *774 Cir.1998).
cited Cited as authority (rule) Rud, Allan E. v. Liberty Life Assur
7th Cir. · 2006 · confidence medium
Id. at 115 ; Ladd v. ITT Corp., 148 F.3d 753, 753-54 (7th Cir. 1998).
discussed Cited as authority (rule) Allen v. Unum Life Insurance (2×) also: Cited "see"
6th Cir. · 2005 · confidence medium
In fact, a later Seventh Circuit opinion, authored by the same judge who authored Ladd , explicitly held that Ladd does not apply in these situations: [T]he fact that Standard supported Herzberger’s application for social security disability benefits does not estop it to deny that she was disabled within the meaning of [Standard’s insurance] policy, cf Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998), since Standard did not take inconsistent positions.
discussed Cited as authority (rule) Gilbert Jarrard v. Cdi Telecommunications, Inc. And Crawford & Company
7th Cir. · 2005 · confidence medium
Judicial estoppel is an equitable doctrine to be applied flexibly with an eye toward protecting the integrity of the judicial process, see Carnegie v. Household Int’l, Inc., 376 F.3d 656, 660 (7th Cir.2004) (citations omitted), and it serves to “reduce fraud in the legal process by forcing a modicum of consistency on a repeating litigant.” Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998).
discussed Cited as authority (rule) Jarrard, Gilbert v. CDI Telecom Inc
7th Cir. · 2005 · confidence medium
Judicial estoppel is an equitable doctrine to be applied flexibly with an eye toward protecting the integrity of the judicial process, see Carnegie v. Household Int’l, Inc., 376 F.3d 656, 660 (7th Cir. 2004) (citations omitted), and it serves to “reduce fraud in the legal process by forcing a modicum of consistency on a repeating litigant.” Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir. 1998).
discussed Cited as authority (rule) Linda Gail Calvert v. Firstar Finance, Inc., F/k/a Star Bank Corporation, and Liberty Life Assurance Company of Boston
1st Cir. · 2005 · confidence medium
In reaching this conclusion, Darland relied on the Seventh Circuit’s decision in Ladd v. ITT Corp., 148 F.3d 753 (7th Cir.1998), where, again on similar facts, Judge Richard Posner drew on the “penumbra of judicial estop-pel” and concluded that a decision by a plan administrator to seek and embrace an SSA determination for its own benefit, and then ignore or discount it later, “casts additional doubt on the adequacy of their *295 evaluation of ... [a] claim, even if it does not provide an independent basis for rejecting that evaluation.” Id. at 756 (emphasis added).
discussed Cited as authority (rule) Calvert v. Firstar Fin
6th Cir. · 2005 · confidence medium
In reaching this conclusion, Darland relied on the Seventh Circuit’s decision in Ladd v. ITT Corp., 148 F.3d 753 (7th Cir. 1998), where, again on similar facts, Judge Richard Posner drew on the “penumbra of judicial estoppel” and concluded that a decision by a plan administrator to seek and embrace an SSA determination for its own benefit, and then ignore or discount it later, “casts additional doubt on the adequacy of their evaluation of . . . [a] claim, even if it does not provide an independent basis for rejecting that evaluation.” Id. at 756 (emphasis added).
discussed Cited as authority (rule) White v. Airline Pilots Ass'n, International (2×) also: Cited "see"
N.D. Ill. · 2005 · confidence medium
When the claim administrator *761 has such a conflict of interest, “though the standard of review is nominally the same, the judicial inquiry is more searching.” Ladd v. ITT Corp., 148 F.3d 753, 754 (7th Cir.1998). 11 ERISA requires that an insurance company follow certain minimum standards for procedures and notification when the insurance company denies an application for LTD benefits.
discussed Cited as authority (rule) Lynne A. Carnegie, on Behalf of Herself and All Others Similarly Situated v. Household International, Inc.
7th Cir. · 2004 · confidence medium
In other words, “the purpose of the doctrine ... is to reduce fraud in the legal process by forcing a modicum of consistency on a repeating litigant.” Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir. 1998); see also Bethesda Lutheran Homes & Services, Inc. v. Born, 238 F.3d 853, 858 (7th Cir.2001).
discussed Cited as authority (rule) Carnegie, Lynne v. Household Internatio
7th Cir. · 2004 · confidence medium
In other words, “the purpose of the doctrine . . . is to reduce fraud in the legal process by forcing a modicum of consistency on a repeating litigant.” Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir. 1998); see also Bethesda Lutheran Homes & Services, Inc. v. Born, 238 F.3d 853, 858 (7th Cir. 2001).
discussed Cited as authority (rule) Marjorie L. Mungo, Debtor-Appellant, Cross-Appellee v. Maureen Sullivan Taylor
7th Cir. · 2004 · confidence medium
See Ogden Martin Systems of Indianapolis, Inc. v. Whiting Corp., 179 F.3d 523, 527 (7th Cir.1999) (“Judicial estoppel serves ‘to protect the courts from being manipulated by chame-leonic litigants who seek to prevail, twice, on opposite theories.’ ”) (citation omitted); Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998) (“[T]he purpose of the doctrine ... is to reduce fraud in the legal process by forcing a modicum of consistency on a repeating litigant.”).
discussed Cited as authority (rule) Coles v. LaSalle Partners Inc. Disability Plan
N.D. Ill. · 2003 · confidence medium
In some situations, for example where all other un-contradicted evidence is in accord with the ruling of the SSA, a failure to align a disability determination under an ERISA plan with an SSA ruling of disability could justify summary judgment in a plaintiffs favor (see, e.g., Ladd v. ITT Corp., 148 F.3d 753, 755-56 (7th Cir.1998)).
cited Cited as authority (rule) Calvert v. Firstar Finance, Inc.
W.D. Ky. · 2003 · confidence medium
See Darland, 317 F.3d at 529 ; Ladd v. ITT Corp., 148 F.3d 753, 755-56 (7th Cir.1998).
discussed Cited as authority (rule) Wade v. Life Insurance Co. of North America (2×)
D. Me. · 2003 · confidence medium
Plaintiff now argues under Ladd v. ITT Corp., 148 F.3d 753, 756 (7th Cir.1998), that Defendant should be estopped from reversing its position regarding Plaintiffs disability after facilitating her efforts to establish disability before the Social Security Administration.
discussed Cited as authority (rule) Washington v. Ameritech Sickness & Accident Disability Benefit Plan
7th Cir. · 2003 · confidence medium
We have considered SSA determinations to be relevant where an ERISA plan included SSA disability as a condition for plan disability, Reich v. Ladish Co. Inc., 306 F.3d 519 , passim (7th Cir.2002), or where a plan’s sponsors assisted the plaintiff in obtaining Social Security benefits, Ladd v. ITT Corp., 148 F.3d 753, 755-56 (7th Cir.1998).
cited Cited as authority (rule) Hawkins, Mark C. v. First Union Corp
7th Cir. · 2003 · confidence medium
Ladd v. ITT Corp., 148 F.3d 753, 754 (7th Cir. 1998); Van Boxel v. Journal Co. Employees’ Pension Trust, 836 F.2d 1048, 1052-53 (7th Cir. 1987).
cited Cited as authority (rule) Mark C. Hawkins v. First Union Corporation Long-Term Disability Plan
1st Cir. · 2003 · confidence medium
Ladd v. ITT Corp., 148 F.3d 753, 754 (7th Cir.1998); Van Boxel v. Journal Co. Employees’ Pension Trust, 836 F.2d 1048, 1052-53 (7th Cir.1987).
discussed Cited as authority (rule) Mullaly v. First Reliance Standard Life Insurance
D. Conn. · 2003 · confidence medium
Co., 144 F.3d 181, 186 (1st Cir.1998) (claimant who was able to perform sedentary work on part-time basis was not “totally disabled *284 from any occupation”); Ladd v. ITT Corp., 148 F.3d 753, 754 (7th Cir.1998) (claimant who was able to work part-time not totally disabled under policy requiring her to be “unable to engage in any and every duty pertaining to any occupation or employment for wage for which you are qualified”); Billinger v. Bell Atlantic, 240 F.Supp.2d 274, 283-84 (S.D.N.Y.2003) (claimant not unable to engage “in any occupation or employment for which the employee is q…
cited Cited as authority (rule) Latzke v. Continental Casualty Co.
C.D. Ill. · 2003 · confidence medium
Ladd v. ITT Corp., 148 F.3d 753, 753-54 (7th Cir.1998).
discussed Cited as authority (rule) Willis v. ITT Educational Services, Inc.
S.D. Ohio · 2003 · confidence medium
Depending on the circumstances of a given case, the Sixth Circuit has recognized that a plan administrator’s decision to deny LTD benefits may be arbitrary and capricious if the plan participant had been ruled disabled by the SSA, but that the SSA’s determination is not dispositive. 7 Compare Darland, 317 F.3d at 528-30 (holding that insurer was estopped from arguing that plan participant was not disabled after it encouraged participant to seek disability benefits from SSA) (citing Ladd v. ITT Corp., 148 F.3d 753, 755-56 (7th Cir.1998)), with Fuller v. Retirement Plan for Salaried Employee…
examined Cited as authority (rule) Carollton B. Darland v. Fortis Benefits Insurance Company (4×)
6th Cir. · 2003 · confidence medium
For example, in Ladd v. ITT Corp., 148 F.3d 753, 755-56 (7th Cir.1998), the Seventh Circuit held that the plan administrator’s denial of disability benefits was arbitrary and capricious where none of the physicians who examined the plaintiff found that she was capable of working; the insurance company encouraged and assisted the plaintiff in applying for Social Security disability benefits, which were granted after an administrative law judge found that the plaintiff was totally disabled; and the plaintiffs condition was worse when the plan administrator denied her benefits under the plan th…
cited Cited as authority (rule) Cossio v. Life Ins. Co. of North America
D. Maryland · 2002 · confidence medium
Plaintiff asserts that the Seventh Circuit held a similar policy definition as equivalent to the Social Security definition in Ladd v. ITT Corp., 148 F.3d 753, 754 (7th Cir.1998).
Retrieving the full opinion text from the archive…
Rebecca LADD, Plaintiff-Appellant,
v.
ITT CORPORATION and Metropolitan Life Insurance Company, Defendants-Appellees
97-4138.
Court of Appeals for the Seventh Circuit.
Jun 22, 1998.
148 F.3d 753
Mark D. DeBofsky (argued), DeBofsky & DeBofsky, Chicago, IL, for Plaintiff-Appellant., Thomas J. Piskorski, Joshua M. Henderson (argued), Seyfarth, Shaw, Fair-weather & Geraldson, Chicago, IL, for Defendants-Appellees.
Coffey, Evans, Posner.
Cited by 100 opinions  |  Published
POSNER, Chief Judge.

This is an ERISA suit to overturn the denial of Rebecca Ladd’s claim for disability benefits under the employee welfare plan sponsored by her employer, ITT, and administered by MetLife. Since the plan authorized the plan administrator to use its discretion in making claims determinations, our[*754] role is the limited one of determining whether MetLife abused its discretion — acted unreasonably — or, as the cases say (but all these are different ways of saying the same thing), exercised its discretion in an “arbitrary and capricious” manner. E.g., Hightshue v. AIG Life Ins. Co., 135 F.3d 1144, 1147 (7th Cir.1998); Brehmer v. Inland Steel Industries Pension Plan, 114 F.3d 656, 660 (7th Cir.1997); Paramore v. Delta Air Lines, Inc., 129 F.3d 1446, 1450-51 (11th Cir.1997). If, however, the administrator has a conflict of interest, then, though the standard of review is nominally the same, the judicial inquiry is more searching. E.g., id.; Hightshue v. AIG Life Ins. Co., supra, 135 F.3d at 1147. ITT’s plan is financed entirely by payroll deductions from the wages of the employees enrolled in it. MetLife functions only as a claims administrator, and not as an insurer. From these circumstances, it is tempting to infer that neither defendant has a conflict of interest in administering the plan — that if Ladd gets benefits, there will be a little less for other employees, and therefore no skin off ITT’s hide. But this does not seem quite correct, since the plan summary given to employees does not condition benefits on the plan’s having sufficient employee-contributed funds to cover them. The employee’s entitlement is stated in absolute terms, implying that ITT would have to dig into its own pocket if claims exceeded contributions. This possibility might make MetLife inclined to resolve close cases against the claimant. But this issue has not been explored by the parties; we have no idea how large the plan’s funds are or what provision has been made for the contingency of an excess of claims over funds. So we shall assume that neither defendant has any stake in MetLife’s decision to deny Ladd the benefits she sought and therefore that the denial is entitled to undiluted deference by us — undiluted, that is, by concerns with conflicts of interest, but not unlimited. If without strain on our part the decision can fairly be described as arbitrary, we must reverse.

In 1993, Ladd, a 38-year-old customer service representative for ITT, sustained nerve damage to her neck and both wrists when a shelving unit fell on her at work. She sought total-disability benefits under the employee benefit plan, which required that she be “unable to engage in any and every duty pertaining to any occupation or employment for wage or profit for which you are qualified, or become reasonably qualified by training, education or experience.” The wording is different from that of the statute governing social security disability benefits, which defines disability (so far as relevant here) as an “inability to engage in any substantial gainful activity.” 42 U.S.C. § 423(d)(1)(A). But MetLife was unable to articulate any difference in actual meaning until the oral argument of the appeal, when its lawyer said that the reference to “any and every duty” means that an ITT employee is not disabled unless he or she can’t even do part-time work, whereas (he thought) under the Social Security Act a worker who cannot work full time is deemed totally disabled. That is not what the Act says. As long as the worker can engage in “substantial gainful activity,” he is not disabled even if the only work that he is capable of doing is only part time. E.g., Brewer v. Chater; 103 F.3d 1384, 1391-92 (7th Cir.1997); 20 C.F.R. § 404.1572(a). Of course, the work must not be so meager as not to be substantial and gainful. See 20 C.F.R. §§ 404.1573(e), 404.1574(a), (b). But the same, it turns out, is true under ITT’s disability plan. For Met-Life’s lawyer quickly retreated from his effort to distinguish the plan from the social security disability law when asked whether a worker who could work ten minutes a day was thereby disentitled to total-disability benefits under the plan; he said no. Anyway his attempt comes much too late in the litigation to be considered. We shall proceed on the assumption that “total disability” under the plan means, at least insofar as Ladd’s claim is concerned, the same thing as under the social security disability program. Helms v. Monsanto Co., 728 F.2d 1416, 1420-21 (11th Cir.1984); see also Torix v. Ball Corp., 862 F.2d 1428, 1431 (10th Cir.1988); Hatpin v. W.W, Grainger, Inc., 962 F.2d 685, 695 n. 11 (7th Cir.1992).

As a result of the accident, Ladd came under the care of an orthopedic surgeon named Freitag, who diagnosed significant damage to Ladd’s spinal disks, causing[*755] severe pain, and carpal tunnel syndrome in both wrists, also causing severe pain and limiting the use of both of her hands and both wrists. Freitag pronounced her totally disabled from gainful employment. MetLife had Ladd examined in 1994 by a Dr. Holmes, who concurred in Freitag’s evaluation (though Holmes thought that she might be able to work four hours a day, provided her work would not require her to turn her head a lot), as did another physician who examined her years later, Dr. Kurzydlowski. Freitag continued to treat and examine Ladd throughout the period relevant to this suit.

MetLife encouraged Ladd to apply for social security disability benefits, and even provided her with legal representation to assist her with the application. After a hearing, an administrative law judge found that Ladd was indeed totally disabled, and awarded her benefits. He noted that in addition to her disk problems and carpal tunnel syndrome, she was an insulin-dependent diabetic and also obese, and concluded that “the claimant’s condition precludes her from performing even sedentary basic work activity.”

MetLife’s employee welfare plan entitles it to offset benefits under the plan by any social security disability benefits received by the employee. The plan is more generous than social security, so Ladd still had a claim against the plan even after she got her social security benefits. After she was awarded social security disability benefits, MetLife referred her file to a Dr. Bertrand, who works for a consulting firm, Network Medical Review Company, that MetLife uses extensively. Bertrand did not examine Ladd, but, using the criteria employed by the Social Security Administration, he concluded in a perfunctory report that Ladd had sufficient “residual functional capacities” to work a full eight-hour day at a sedentary job. Yet he also recommended that Ladd be examined by a neurosurgeon to “support or refute this [i.e., Bertrand’s] assessment of her residual functional capacities.” On the basis of Bertrand’s report (and also a vocational assessment, but it was based on Bertrand’s conclusion that Ladd is able to do sedentary work), and without taking his advice to have Ladd examined by a neurosurgeon, MetLife denied Ladd’s claim.

Several months later, after Ladd appealed the denial to a review board within MetLife and submitted additional medical evidence by Freitag and others indicating a further deterioration of her condition, Bertrand supplemented his report. He said that in preparing his original report he had talked with Freitag, who had told him that Ladd “could go back and try work. The restriction would specifically be that she would only be working the keyboard for 25 minutes out of every hour or breaks as needed. This was simply to be a work trial to see how this would work out for her.” Bertrand adhered to his recommendation that Ladd’s claim be denied, and the review board affirmed the denial, precipitating this litigation. Bertrand seemed troubled by the fact that Ladd is reluctant to undergo surgery for her back and wrist conditions because she has been warned that her diabetes would make surgery risky for her.

Shortly afterward, and rather fantastically as it seems to us, ITT offered Ladd a position as a security guard during the third shift (we assume this would be around midnight to 8 a.m.), in which she would have to make “watch rounds of premises outside of scheduled working hours,” “check buildings, equipment and materials for leaks, fire, unauthorized individuals and other conditions,” “ensure all entrances and windows are secured and that elevator and fire doors are closed,” and “remain alert and on-site to deter unauthorized entry to property.” She declined the offer of this job at the direction of her physician. It is difficult to believe that the offer was made in good faith; it was not among the jobs that the vocational assessor thought she might be able to perform if her medical condition was as Bertrand believed it to be.

In the circumstances that we have outlined, the denial of Ladd’s claim must be adjudged arbitrary, and even irrational. No one who examined Ladd, including the doctor (Holmes) selected by MetLife to examine her, believed that she was capable of working. An administrative law judge of the Social Security Administration found that she[*756] was totally disabled; and while the hearing on which his finding was based preceded Bertrand’s paper evaluation by some months, the uneontradicted evidence is that Ladd’s condition was worse when MetLife denied her claim than it had been when the Social Security Administration granted it. If Bertrand had given reasons for disagreeing with the assessments by Freitag, and Holmes, and Kurzydlowski, and the ALJ, we would have to affirm under the deferential standard. But far from giving reasons for disagreeing, he did not purport to disagree with anyone. He referred to Freitag, but only to misunderstand him; for it is evident from their conversation that all Freitag was suggesting was that Ladd be asked to work on a trial basis, a suggestion that the defendants never followed up on.

The grant of social security disability benefits to Ladd has an additional significance. It brings the case within the penumbra of the doctrine of judicial estoppel — that if a party wins a suit on one ground, it can’t turn around and in further litigation with the same opponent repudiate the ground in order to win a further victory. E.g., McNamara v. City of Chicago, 138 F.3d 1219, 1225 (7th Cir.1998); Waldorf v. Shuta, 142 F.3d 601, 615-16 (3d Cir.1998). The doctrine is technically not applicable here, because MetLife and ITT, the defendants in this suit, were not parties to the proceeding before the Social Security Administration. Yet they “prevailed” there in a practical sense because the grant of social security benefits to Ladd reduced the amount of her claim against the employee welfare plan. If we reflect on the purpose of the doctrine, which is to reduce fraud in the legal process by forcing a modicum of consistency on a repeating litigant, McNamara v. City of Chicago, supra, 138 F.3d at 1225; Johnson v. Oregon, 141 F.3d 1361, 1369 (9th Cir.1998), we see that its spirit is applicable here. To lighten the cost to the employee welfare plan of Ladd’s disability, the defendants encouraged and supported her effort to demonstrate total disability to the Social Security Administration, going so far as to provide her with legal representation. To further lighten that cost, it then turned around and denied that Ladd was totally disabled, even though her condition had meanwhile deteriorated. In effect, having won once the defendants repudiated the basis of their first victory in order to win a second victory. This sequence casts additional doubt on the adequacy of their evaluation of Ladd’s claim, even if it does not provide an independent basis for rejecting that evaluation.

The judgment is reversed with directions to enter judgment for the plaintiff.

Reversed.