Monday, March 14, 2011

As you read the quotes (four paragraphs below) please remember Metlife should immediately stop this reckless endangerment because their Fiduciary duties require them to operate the Plan with care, skill, diligence, and prudence solely for the participants.

Obama’s DOL and DOJ top managers are breaching their Fiduciary duties by grossly failing to represent the best interest of all citizens and stop this reckless endangerment of very sick Americans !!

* * Please remember patients can die while they wait years to get a Court ruling. The U.S. Judges' do not have the authority to stop the violations as evidenced by three U.S. Court of Appeals Judges who wrote, “the enforcement of such provisions is the exclusive prerogative of the Attorney General.”

Five Judges’ and Doctor's Case Quotes Prove Patients' Are In Great Danger

In the case of Brenda Zanny, U.S. District Judge Richard Enslen wrote :

“MetLife and its henchmen should appreciate that such conduct may itself precipitate the suicide death of a person who has placed implicit trust in their organization. This record is an open indictment of MetLife’s practices and treatment of the mentally-ill and long-term disability benefits."

U.S. Magistrate Judge Jennifer Guerm wrote this decision (which includes quotes from a treating physician) in the case of Wright verses Metlife :

"MetLife relied on clearly erroneous findings of fact in making its benefit determination. MetLife’s review of Plaintiff’s appeal consistently omitted or misrepresented relevant information in several ways."

"On October 18, 2004, Dr. Barnett wrote a letter to MetLife stating:

"I am gravely disturbed by your misrepresentation of the facts with regard to my discussion with your independent physician consultant and your lack of due diligence in collecting further medical information regarding Mr. Wright’s health condition. Indeed, Mr. Wright has ongoing cardiac disease including ischemia and loss of function due to previous myocardial infarctions."

Judge William Acker asked Metlife this question about cardiac patient Frank Blankenship :

"Can a heart patient with angina, working under severe stress, be expected to earn up to 60 percent of what he earned before his heart condition, that is, until he drops dead?"

These quotes were written about Metlife by U.S. District Judge Nancy Gertner, who won the Thurgood Marshall Award of the American Bar Association in 2008 :

“It misquoted Whitehouse’s doctors and cherry-picked or took out of context statements made. The denials continued to press factual inaccuracies even after being informed of the errors.”

“Perhaps most egregious of all, it misquotes Dr. Bhan as stating that Whitehouse “[was] able to function” AR 116 when, in fact, he said “she was not able to function.” AR 121 (emphasis added).

Here are exact quotes from my Psychologist that prove Metlife is endangering lives :

“In light of the violations Metlife has committed against Mr. Schmittou and Metlife's awareness of the additional harm caused him, Metlife's actions seem irresponsible, inhumane, dangerous, and reckless.”

 "It is my impression that three medical doctors paid by Metlife appeared to have ignored medical evidence. For example, Metlife’s paid consultant, Dr. Yanik, "evaluated" Mr. Schmittou without ever having seen him or his medical record from 2004 through 2008."

"In fact, from the time he filed the claims in 2002 until the Court ordered a review in 2008, Metlife ignored both his claims for long-term disability based on vision impairments and on psychological impairments. In treatment, I have observed that the impact of such actions by Metlife has resulted in exacerbation of Mr. Schmititou’s psychological symptoms and periods of significant destabilization."

(I'd like to add that Metlife and Dr. Yanik did this at the exact time of my father’s four month illness and death, which included the time I was at his bedside as he struggled desperately for breath during his last hours. I greatly needed every ounce of strength and mental ability to help my father, but Metlife and Dr. Yanik willfully attacked me during this time !! )

Here’s another quote from my Psychologist :

“His intense emotional misery is a daily struggle. His thoughts and emotions are so troubled he describes feeling “like my brain is on fire”. I think he struggles to express the fullness of his distress.

After seeing this and the quotes from all the other cases I've provided, the DOL's top managers in Atlanta and Washington have refused to take any action as proven by the quotes from their letters to me that you are about to see.  

DOL Quotes Reverse Reality. They Wrote :

“Their Top Priority Is Making Providers Obey The Law"

The Atlanta Regional DOL Director wrote the following in December regarding my request for the DOL and DOJ to stop Metlife from destroying more lives :

“Please be assured that EBSA’s top priority is to protect the benefits of participants and to make sure that providers of those benefits obey the law.”

It took years of requesting action to even receive this letter, so I aggressively complained that there was still nothing being done. I received a letter on 12/27/2010 from DOL Director of Participant Assistance Sharon Watson in Washington.

She wrote :

"We take the allegations you have made that Metlife has engaged in a pattern of fraudulent activities in your claim and other participants' claims very seriously and have taken the information under advisement"

On January 26, 2011 Department of Labor EBSA Director of Participant Response Sharon Watson wrote to me saying :

“At this time, there is nothing further this agency can do to assist you.”

I am certain their lack of action is enabling the insurance companies who will destroy many thousands of lives this year !!

* Please remember very sick patients may die. While Metlife is openly violating many laws the patients may have no money for surgery and medical treatment, food, or housing during the years it takes to get these cases to trial !

Please go to to see how identical deadly crimes are being inflicted upon Americans who are :

(1) Severely Disabled
(2) Needing Long Term Care
(3) Severely Injured Workers
(4) Severely Injured War Zone Contractors
(5) Families Filing Life Insurance claims

Barry Schmittou