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Lisa Counters, 016436

4506 N 12th Street

Phoenix, AZ 85014-4246

Voice: (602) 266-2667

Fax: (602) 266-0141

Lisa@Schiffmanlaw.com

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT

IN AND FOR THE DISTRICT OF ARIZONA

David Carroll,

Plaintiff,

vs.

Metropolitan Life Insurance Company; 

Long Term Disability Plan for Non- Excluded Employees of Honeywell International, Inc.

Defendants.

No. 

COMPLAINT

For his claim against Defendants, David Carroll (“Carroll”) alleges as follows:

JURISDICTION AND VENUE

1. Carroll is a resident of Maricopa County, Arizona.

2. Defendant Metropolitan Life Insurance Company (“MetLife”) is an insurance 

company incorporated in Delaware, with its principal place of business in New York, New 

York. MetLife is authorized to do business in Maricopa County, Arizona.

3. Defendant Long Term Disability Plan for Non-Excluded Employees of 

Honeywell International, Inc. (“Plan”) is a purported ERISA benefit plan established and 

maintained by Honeywell International Inc. (“Honeywell”) for the benefit of its employees. 

The Plan includes long-term disability benefits (“LTD”). Honeywell is the Plan 

Administrator.

4. Honeywell is a Plan Fiduciary as that term is defined by ERISA. 

Case 2:18-cv-00632-GMS Document 1 Filed 02/26/18 Page 1 of 5
SCHIFFMAN 

LAW 

OFFICE, P.C.

4506 N. 12 T H STREET

PHOENIX, AZ 85014 ♦ (602) 266-2667

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5. This Court has jurisdiction over the Plan pursuant to ERISA 29 U.S.C. § 1132, 

and because the Plan and MetLife have caused events to occur in Arizona out of which 

Carroll’s claims arise.

6. This Court has jurisdiction over the subject matter of this action under ERISA, 

29 U.S.C. § 1132(a), (e), 28 U.S.C. § 1331 (federal question); and 28 U.S.C. § 2201-02 

(declaratory judgments). 

7. Defendants reside and are found within this District within the meaning of the 

jurisdiction and venue provisions of the Employee Retirement Income Security Act of 1974 

(“ERISA”), 29 U.S.C. § 1132 and 28 U.S.C. § 1391.

8. MetLife pays for and administers the Plan’s LTD benefits.

9. MetLife is the Claim Administrator and is a Plan Fiduciary as defined by 

ERISA for the Plan’s LTD benefits.

GENERAL ALLEGATIONS

10. Honeywell provided certain employees with LTD benefits pursuant to the 

Plan.

11. Under the terms of the LTD benefit, Carroll is entitled to benefits for the first 

24 months when MetLife determines he is unable to perform all the material duties of his 

regular occupation, or qualified alternative, or if he is unable to earn 80% or more of his 

indexed predisability earnings. 

12. After the first 24 months of disability, Carroll is considered disabled if he is 

unable to work in any reasonable occupation solely because of a disease or injury. The Plan 

defines reasonable occupation as any gainful activity for which Carroll may become 

reasonably qualified, based on education, training or experience that would results in 80% or 

more of his indexed predisability earnings.

13. At all relevant times, Carroll was a Honeywell employee, became a covered 

individual under the Plan, and remained continuously employed until his disability rendered 

him unable to work in his regular occupation as an Systems Engineer 3 on January 18, 2011. 

Case 2:18-cv-00632-GMS Document 1 Filed 02/26/18 Page 2 of 5
SCHIFFMAN 

LAW 

OFFICE, P.C.

4506 N. 12 T H STREET

PHOENIX, AZ 85014 ♦ (602) 266-2667

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14. The material and substantial duties of Carroll’s occupation that he was unable 

to perform, include, but are not limited to:

• Ability to work a regular, 40-hour work week;

• Ability to work without incurring numerous days off in any given 

month due to manic episodes, which have resulted in psychosis and 

hospitalization; 

• Ability to work due to severe depression, including exhaustion and 

issues with concentration and memory;

• Ability to work due to Arizona Department of Health Services

determination that Carroll is seriously mentally ill and incapable of 

caring for himself, that he has dysfunction in role performance and risk 

of deterioration; 

• Ability to work due to anxiety and symptoms of PTSD.

15. Carroll was diagnosed with bipolar disorder, depression, anxiety, and posttraumatic stress disorder and dissociative identity disorder. 

16. Carroll became disabled on January 18, 2011 and remains disabled from his 

own occupation and from any occupation for which he is qualified based on education, 

training or experience and for which he could earn 60% of his pre-disability earnings. 

17. MetLife initially denied Carroll’s claim on December 29, 2015 after paying 

his claim over four years, including paying Carroll into the any occupation provision of the 

Plan. 

18. Carroll is entitled to 60% of his Predisability Earnings from December 21, 

2015 through the present. 

19. Carroll’s is entitled to a monthly LTD disability benefit in the amount of 

$2,183.70 from December 21, 2015 to the present, which reflects the gross benefit of 

$4,216.00 less the offset for his SSDI benefits in the amount of $2,032.30. 

Case 2:18-cv-00632-GMS Document 1 Filed 02/26/18 Page 3 of 5
SCHIFFMAN 

LAW 

OFFICE, P.C.

4506 N. 12 T H STREET

PHOENIX, AZ 85014 ♦ (602) 266-2667

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20. Carroll provided proof of his debilitating medical conditions. In addition, 

Carroll provided MetLife with completed attending physician statements and extensive 

medical records that support his disability. 

21. Carroll submitted his appeal on December 6, 2016.

22. MetLife issued a final denial on March 14, 2017. 

23. Carroll has satisfied the jurisdictional prerequisites to filing a claim in federal 

court.

COUNT I

RECOVERY OF INSURANCE AND PLAN BENEFITS

24. Carroll incorporates and realleges all previous allegations. 

25. The Plan contains some language purporting to grant Carroll discretion and to 

give Carroll the ability to delegate discretion to others; however, on information and belief, 

the purported delegation is invalid and Carroll is entitled to de novo review.

26. Carroll became disabled on January 18, 2011 and remains unable to perform 

the duties of any other occupation for which he is qualified based on education, training or 

experience. 

27. Despite the coverage of Carroll’s long-term disability, MetLife terminated 

LTD benefits after paying Carroll LTD benefits for over four years. This breach was 

arbitrary, capricious, an abuse of discretion, not supported by substantial evidence and was 

clearly erroneous.

28. Pursuant to the coverage provided in the Plan, to ERISA 29 U.S.C. 

§ 1132(a)(1)(B), and to applicable federal and state common law, Carroll is entitled to 

recover all benefits due under the terms of the Plan, and to enforce his rights under the terms 

of the Plan. 

29. Pursuant to 29 U.S.C. § 1132(g), Carroll is entitled to recover his attorneys’ 

fees and costs incurred herein from Honeywell and the Plan.

Case 2:18-cv-00632-GMS Document 1 Filed 02/26/18 Page 4 of 5
SCHIFFMAN 

LAW 

OFFICE, P.C.

4506 N. 12 T H STREET

PHOENIX, AZ 85014 ♦ (602) 266-2667

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30. Carroll is entitled to prejudgment interest at the highest legal rate on the 

benefits to which he is entitled pursuant to A.R.S. § 20-462.

WHEREFORE, Carroll prays for entry of judgment against Defendants as follows:

A. For all past benefits due Carroll under the terms of the Plan;

B. For an award of Carroll’s attorneys’ fees and costs incurred herein;

C. For an award of prejudgment interest on benefits and damages at the highest 

legal rate until paid; and

D. For such other and further relief as the Court deems just and reasonable.

Dated this 26th day of February 2018.

SCHIFFMAN LAW OFFICE, P.C.

By: /s/ Lisa J. Counters

Lisa J. Counters

Case 2:18-cv-00632-GMS Document 1 Filed 02/26/18 Page 5 of 5