Richard Litman Disability Status Timeline

Source: 276,899 Email Archive (ND0001 + ND0002)

Total Disability-Related Emails Found: 213 unique (296 with duplicates across archive folders)

CRITICAL Emails: 58 | HIGH: 108 | MEDIUM: 31 | LOW: 16

Key Findings Summary

1. Date of Disability: June 15, 2020 -- Repeatedly stated by Litman and accepted by Goldberg and MetLife.
2. MetLife LTD Claim #692009108889 -- Filed by disability attorney Steven Dell; approved November 11, 2020 with benefit start date September 13, 2020.
3. Goldberg knew and participated actively in the disability claim process -- he received MetLife's questions directly, coordinated answers with Litman, and confirmed he would respond to MetLife.
4. Both parties agreed to treat disability "like death" under their 2017 agreement, triggering a 5-year payment period starting 6/15/2020.
5. Litman maintained "Senior Counsel" title -- with no duties, no wages -- while on disability. This was deliberate strategy to maintain employment status for MetLife purposes.
6. Medical conditions documented: Psoriatic arthritis, autoimmune conditions (immunosuppressing biologic), dystonia (inherited generalized dystonia, Ashkenazi Jewish genetic condition), vision problems, back/knee issues requiring surgery, mobility limitations ("essentially unable to leave the house").
7. Goldberg explicitly referenced "approved disability claim" in December 2020 email -- direct evidence he knew Litman was disabled while continuing to use his name on patent filings.

Detailed Chronological Timeline

PHASE 1: Pre-Disability -- Health Deterioration (2019-2020)

January 23, 2020 -- Litman emails Margaret Feinstein (Northwestern Mutual financial advisor) asking to stop auto-payments for his "3 disability policies" from one bank account and switch to paper bills.
- Source: ND0001, C2051472_ND0000116210.msg

March 18, 2020 -- Litman emails his daughter Victoria and Preston about terminating a lease using Section 227-A: "Primarily for people like me, but applies to people with disabilities. Consider termination for disability which prevents tenant from living independently."
- Source: ND0001, C2051472_ND0000116409.msg
- KEY FACT: Litman identifies himself as disabled before the official date of disability.

PHASE 2: Disability Claim Initiation (April 2020)

April 8, 2020 -- Margaret Feinstein (Northwestern Mutual) emails Litman to schedule a call about his "disability policies."
- Source: ND0001, C2051472_ND0000015387.msg

April 13, 2020 -- Feinstein follows up; notes Litman had been in Australia before COVID lockdowns.
- Source: ND0001, C2051472_ND0000015498.msg

April 15, 2020 -- TWO CRITICAL EMAILS:
1. Litman to Margaret Feinstein: "I would like to request coverage under the policies in view of my disability and request waiver of the premiums while my claims are under review."
- Source: ND0001, C2051472_ND0000116508.msg
2. Litman to Sheri Abrams (prospective disability attorney): "I have a handful of Northwest Mutual Life disability policies which I was about to let go... I turn 63 in a few weeks and have psoriatic arthritis and related autoimmune conditions, among other chronic maladies. I take an immunosuppressing biologic. Traveling to the Middle East regularly is a material duty of my employment. I am high risk for Covid-19, particularly in view of respiratory problems requiring daily medication. I was contemplating seeking disability coverage before the pandemic."
- Source: ND0001, C2051472_ND0000116509.msg
- KEY FACT: This is the most detailed self-description of Litman's medical conditions.

April 17, 2020 -- Goldberg to Litman & Meyer: "Lillie would definitely be the person to go to for information on the group disability policy. I will check in with her to see if there are any issues getting you this information."
- Source: ND0002, C2051472_ND0000272296.msg
- KEY FACT: First evidence Goldberg was informed of Litman's disability intent.

April 19, 2020 -- Goldberg confirms: "I understand Lillie provided all the group disability information to you, hopefully it is helpful."
- Source: ND0002, C2051472_ND0000272298.msg

April 24, 2020 -- Litman to Feinstein: "on disability, I guess a person is not disabled until the doctor says they can't do their job."
- Source: ND0001, C2051472_ND0000116527.msg

PHASE 3: Hiring Steven Dell / Preparing Claim (May-June 2020)

May 18, 2020 -- Calendar notification: "Steven Dell" meeting scheduled with Litman, 12pm-1pm by phone.
- Source: ND0001, C2051472_ND0000011345.msg
- KEY FACT: First contact with disability attorney Steven Dell.

June 6, 2020 -- Litman receives CLE completion certificate for: "ERISA-Based Long Term Disability Benefit Claims & the Updated 2018 DOL Regulations"
- Source: ND0001, C2051472_ND0000012077.msg
- KEY FACT: Litman was studying ERISA disability law to understand his own claim.

June 8, 2020 -- CRITICAL EMAIL -- Litman to Goldberg (Subject: "Re: How is Jerry? You?"):

"Our agreement doesn't mention what happens in the event of my disability. My initial thought was we need an amendment and I hired a lawyer to prepare one."

Goldberg's earlier reply in the thread reveals he already knew the full picture:

"I fully believe that if you are not healthy, little else matters... It is very helpful to know that you will be unable to travel until after your knee replacement, at least 2021... So as I understand it, the current state of things is this for you: you have both your knees (and your back?) that need to be dealt with, you are having some type of autoimmune response in your hands that is limiting your ability to hold a pen, read, and type, the inflammation injections are not working as they should, and you have the eye issues."
- Source: ND0002, C2051472_ND0000269197.msg
- KEY FACT: Goldberg acknowledges Litman cannot travel, has knee/back/hand/eye issues, and is hiring a disability lawyer -- ALL while continuing to use Litman's name on patent filings.

PHASE 4: MetLife LTD Claim Filed & Processed (August-November 2020)

August 10, 2020 -- Litman to Goldberg: "thanks on the disability insurance stuff. I will keep you updated."
Goldberg's reply (same thread, embedded): "So as I understand it all of your back, neck, knees, hands, and feet are now an issue? That is simply awful and I feel really badly for you."
- Source: ND0002, C2051472_ND0000272487.msg / ND0002, C2051472_ND0000269381.msg

August 11, 2020 -- Litman to Goldberg: "Getting mri and xrays plus doctor this morning."
- Source: ND0002, C2051472_ND0000269383.msg

August 12, 2020 -- Litman tells Goldberg: "Just spoke with the disability insurance lawyer Steven Dell. I will send you a form later for the employer to sign."
Goldberg replies: "Good to hear the disability insurance is progressing. I am not sure why they need that information, but our malpractice insurance is through Markel. I will sign the form once you have it and pass it on."
- Source: ND0002, C2051472_ND0000269389.msg
- KEY FACT: Goldberg agrees to sign disability claim forms.

August 13, 2020 -- CRITICAL EMAIL -- Goldberg to Litman: "Let me know if Steven Dell needs anything else. Sorry to hear your vision is negatively impacted also. That makes it a good thing you are not driving, but a bad thing you are essentially unable to leave the house. I have noticed the lack of gas charges, understood and appreciated."
Litman's earlier message in thread: "My vision isn't great right now either. I am going back to the corneal doctor tomorrow... I haven't really left the house except for medical stuff."
- Source: ND0002, C2051472_ND0000269393.msg
- KEY FACT: Goldberg acknowledges Litman is "essentially unable to leave the house."

~September 1, 2020 -- Litman (voice-to-text draft): "The lawyer Steven Dale [Dell] has filed a disability claim with MetLife which is the ensure that the firm pressure [insurer that the firm procures] has under the Rissa [ERISA] which basically means they can refuse the claim if they want at their discretion. Plus the max is $100,000 per year, likely limited to two years from the date of disability... The date of disability on the application is June 15, 2020."
- Source: ND0001, C2051472_ND0000164100.msg
- KEY FACT: Confirms claim filed with MetLife; date of disability = 6/15/2020; max $100K/year.

September 15, 2020 -- THE METLIFE QUESTIONS CHAIN (3 critical emails):
1. MetLife to Goldberg directly (forwarded): MetLife Claims Specialist Matthew Grey asks about Litman's LTD Claim #692009108889 -- requesting info on STD benefits, salary continuance, and job description.
2. Litman to Goldberg (responding): "The wages paid from the law firm after the date of disability (6/15/20) are subject to reconciliation... As of 6/15/20+/- when I started having my left hand cramping and right leg problems again, I was not able to do with reliability and necessary independence the duties of my occupation."
3. Goldberg to Litman: "Please do let me know what Steven Dell says. The paychecks you have been receiving are the biggest issue I see also, it is something I have a concern about."
- Source: ND0002, C2051472_ND0000272575-272576.msg, C2051472_ND0000269505.msg

September 16, 2020 -- Litman proposes answers to MetLife's questions to Goldberg: "No short term disability payments... No salary continuance... the answer is no because we will adjust W-2 wages to the date of disability, listed as 6/15/20."
Also: "I got back the first supporting statements from doctors and the medical part of this sounds like it will be tough for MetLife to say no for medical reasons."
- Source: ND0002, C2051472_ND0000269509.msg

September 17, 2020 -- TWO CRITICAL EMAILS:
1. Litman to Goldberg: "Steven says answers are fine. As discussed, our agreement is silent about disability, but if we treat it like death, triggering the 5 years of payments, my W-2 wages ended on the date of disability 6/15/20. ... Because I am not dead, we can maintain my official status as Senior Counsel -- without duties while on disability -- and without wages as of 6/15/20. Steven says maintaining employment while getting Met Life payments is preferred."
2. Goldberg to Litman: "I am glad to have the feedback from Steven. I will get back to MetLife with the update. As for how we treat the disability, I agree it would be cleanest to treat it like death, thereby instituting the five-year period starting 6/15/2020, while maintaining your Senior Counsel status."
- Source: ND0002, C2051472_ND0000269513-269514.msg
- KEY FACT: Both parties agree: (1) Litman's wages ended 6/15/2020, (2) disability treated like death, (3) maintain Senior Counsel title with no duties. This is the framework -- and yet Goldberg continues using Litman's name on patents.

October 6, 2020 -- FOUR CRITICAL EMAILS IN ONE DAY:
1. Litman: "MetLife will deduct from long term disability benefits the amount of wages paid after the June 15, 2020 date of disability."
2. Goldberg: "I can confirm we have put a hold on further paychecks to you pending the MetLife disability benefits determination."
3. Litman: "I am agreeable to treating medical disability like death with two exceptions: first, my full time employment status continues while on medical disability, and, second, the 5 years of payments begin in January 2021."
4. Goldberg: "Lillie just let me know you have a $483.02 deduction from your salary each pay period for medical and dental premiums for you and Cheryl. I was going to just pick up this payment for you but I don't want to do so if it would put the disability payments at risk."
- Source: ND0002, C2051472_ND0000269615-269618.msg; ND0001, C2051472_ND0000164109.msg

October 8, 2020 -- Litman to Goldberg: "Steven said awhile back that the firm should have a policy as to how to handle benefits for employees on medical leave and not receiving pay. Steven said it is typical for companies to provide benefits on the same basis as if fully employed."
- Source: ND0002, C2051472_ND0000269624.msg

October 14, 2020 -- Litman: "MetLife needs a few more weeks... Our forms provided that my wages ended on 6/15/20, the date of disability." Also: "Doing pre-surgical clearance tomorrow."
Goldberg: "Why should we be surprised MetLife needs more time?"
- Source: ND0002, C2051472_ND0000269643-269646.msg

October 21-22, 2020 -- Goldberg: "Is surgery still scheduled for tomorrow?" Litman: "Tomorrow... Longer surgery than I thought. Couple hours. Need to show up before dawn for a covid test. Second surgery scheduled for December."
- Source: ND0002, C2051472_ND0000269679-269680.msg
- KEY FACT: Litman having eye surgery (right eye), second surgery planned. Goldberg fully aware.

PHASE 5: MetLife Approval (November 2020)

November 11, 2020 -- THE APPROVAL EMAIL -- Goldberg forwards MetLife's approval to Litman:

"In case you have not seen this yet, the below makes it look like MetLife approved your disability claim. So that looks like good news."

MetLife's message (from Matthew Grey, Senior Claims Specialist):

"We have approved Mr. Litman's LTD claim with a benefit start date of September 13, 2020."

MetLife LTD Claim #692009108889 -- APPROVED.
- Source: ND0002, C2051472_ND0000272724.msg
- KEY FACT: MetLife approved the claim. Goldberg personally received and forwarded this notice. This is the date Goldberg can no longer plausibly deny knowledge of Litman's disability.

PHASE 6: Post-Approval -- Goldberg Acknowledges "Approved Disability Claim" (December 2020+)

December 21, 2020 -- THE "APPROVED DISABILITY CLAIM" EMAIL -- Goldberg to Litman:

"On the health insurance for you and Cheryl, I have asked our new HR company if there is anything specific we need to watch out for based on your approved disability claim."
- Source: ND0002, C2051472_ND0000269852.msg
- KEY FACT: Goldberg uses the phrase "approved disability claim" -- he fully acknowledges the disability status.

PHASE 7: MetLife Payments and Financial Disputes (2021)

February 5, 2021 -- Litman asks about W-2 showing $30,000 from MetLife. Goldberg: "the firm has never actually received any formal indication from MetLife regarding actual payments to you."
- Source: ND0002, C2051472_ND0000270004.msg

February 16, 2021 -- Litman: "Disability payments are secondary. I would like to think my being healthy and working at peak performance at something is possible again and worth more than the money I am getting from MetLife."
Goldberg (in thread): "My biggest concern would be that you don't do anything contrary to your current disability status."
- Source: ND0002, C2051472_ND0000270004.msg
- KEY FACT: Goldberg explicitly warns Litman not to do anything that contradicts his disability status -- proving Goldberg understood Litman was disabled.

February 17, 2021 -- Litman explains MetLife rules: "MetLife shouldn't cut payments unless I am doing my regular occupation (job description) at NGM or at a law firm like NGM... No paycheck. No problem."
- Source: ND0002, C2051472_ND0000270008.msg

March 2, 2021 -- CRITICAL -- Litman describes his condition in detail: "As I understand disability insurance coverage, the focus is on what you can and can't do on the date of disability. That decision has been made. I couldn't regularly and independently do my occupation, as described in the submitted job description, on the date of disability. I qualify. In this context, I am medically disabled."
Also: "The neurology department at Mount Sinai specializes in genetic diseases of Ashkenazi Jews, and labeled my condition as dystonia -- inherited generalized dystonia, common among Jews from a certain region of Lithuania/Belarus. Will get Botox. Starting PT at the Hospital for Special Surgery."
Goldberg (in thread): "Jerry and I have talked a number of times... Our big concern is dealing with your disability status and what this means for all of us."
- Source: ND0002, C2051472_ND0000270058.msg
- KEY FACT: Litman's condition formally diagnosed as dystonia. Goldberg and Meyer acknowledge the disability.

March 3, 2021 -- Litman: "I was talking with a banker about PPP money, and, in passing, he said he didn't think me going on disability and not getting further paychecks mattered."
- Source: ND0002, C2051472_ND0000270062.msg

March 4, 2021 -- Litman: "As you know I appreciate your help with disability."
- Source: ND0002, C2051472_ND0000270070.msg

March 10, 2021 -- Litman to Jerry Meyer: "Steven Dell, my disability lawyer, wants to clearly understand before doing anything" (re: $10,000/month deduction issue).
- Source: ND0002, C2051472_ND0000270087.msg

PHASE 8: Ongoing Disability and Disputes (2021-2023)

July 14, 2021 -- Goldberg: "I am talking with Jen tomorrow to make sure there is nothing I am missing from the disability perspective."
- Source: ND0002, C2051472_ND0000272941.msg

July 21, 2021 -- Litman: "MetLife said in a letter that the NGM plan or handbook says that I can't get life insurance benefits if receiving MetLife disability payments."
Also: "My lawyer tells me that companies have a wide range of employment policies in the event of long term disability. Some companies maintain the employee as being on medical leave (like family leave) with partial or full benefits covered for a defined period."
- Source: ND0002, C2051472_ND0000270356-270357.msg

July 23, 2021 -- Litman to Goldberg, Meyer, and Merritt Green (attorney): "The MetLife ERISA coverage is capped at $100,000 each year and social security benefits affect this somehow."
- Source: ND0002, C2051472_ND0000270361.msg

August 27, 2021 -- Litman disputes firm's deductions: "Even with the disputed approach the firm has taken in deducting the long term disability benefit, $30000 was not the amount for July."
- Source: ND0002, C2051472_ND0000270417.msg

September 30, 2021 -- Merritt Green emails re: "Richard Litman -- Life Insurance issue" with MetLife.
- Source: ND0001, C2051472_ND0000026080.msg

December 17, 2021 -- Litman: "On the monthly allocation reports, I want to make sure everything is correct on the disability insurance deductions."
- Source: ND0002, C2051472_ND0000270545.msg

March 15, 2022 -- KEY EMAIL -- Goldberg to Litman: "As for health insurance, you are absolutely correct we have current employees over 65 on our health plan. For you, the question all comes down to whether you will be an active employee vs. on disability/retired. If you are an active employee, we have no problems keeping you on our insurance. If you are retired/on disability, that is a huge difference."
- Source: ND0002, C2051472_ND0000270640.msg
- KEY FACT: Goldberg distinguishes "active employee" from "on disability/retired" -- and he knows Litman is on disability.

July 14, 2022 -- Litman: "If you recall, he [Jerry] was kept out of the loop on my disability when he had the cardiac crisis."
- Source: ND0002, C2051472_ND0000270862.msg
- KEY FACT: Confirms Goldberg was the primary person informed about the disability (Jerry was kept out of the loop).

February 28, 2023 -- CRITICAL -- Goldberg to Litman (re: arbitration): Goldberg quotes extensively from the MetLife LTD policy, page 34, on "Income Which Will Reduce Your Disability Benefit." He argues that payments to Litman could reduce his MetLife benefits. "I want to make sure any payments to you are in full compliance with our disability policy, as well as disability law generally."
- Source: ND0002, C2051472_ND0000271249.msg
- KEY FACT: Goldberg has read the MetLife policy with a "fine-toothed comb" and is making arguments about disability benefits -- proving intimate knowledge of Litman's disability claim.

March 1, 2023 -- Litman fires back: "The law firm making deductions on its reports from what it owes me equal to the MetLife payments is absurd."
- Source: ND0002, C2051472_ND0000271250.msg

August 2, 2023 -- Litman: "It is giving me motivation to 'rise from the dead' so to speak with my disability and do as much as I can."
- Source: ND0002, C2051472_ND0000263349.msg

PHASE 9: Litman Educates Himself on Disability Law (2020-2024)

Litman completed multiple CLE courses on disability-related law:
- June 6, 2020: "ERISA-Based Long Term Disability Benefit Claims & the Updated 2018 DOL Regulations"
- September 30, 2023: "Understanding & Navigating ERISA Long Term Disability Policies"
- September 30, 2023: "The Americans with Disabilities Act -- Updates, News, Trends, & Best Practices"
- January 2024: "Estate Planning for Special Situations: Beneficiaries with a Disability"
- February 2024: "Reasonable Accommodations Beyond Disability"

PHASE 10: Third-Party Confirmation

November 8, 2023 -- Family member Margelle Kendall Liss to Litman: "I'm so sorry you're on disability and hope you recover soon."
- Source: ND0002, C2051472_ND0000187111.msg
- KEY FACT: Third-party corroboration that Litman was known to be "on disability."

Medical Conditions Documented in Emails

Key People in the Disability Claim

Critical Legal Implications for the SS 50-51 Case

1. Goldberg KNEW Litman Was Disabled -- And Used His Name Anyway

The emails prove beyond any doubt that Goldberg knew Litman was medically disabled from June 2020 onward. Key admissions:
- April 17, 2020: Provided group disability policy information to Litman
- June 8, 2020: Acknowledged Litman's knee/back/hand/eye issues and inability to travel
- August 13, 2020: Acknowledged Litman was "essentially unable to leave the house"
- September 17, 2020: Agreed to treat disability like death; agreed to maintain Senior Counsel title with no duties
- November 11, 2020: Personally received and forwarded MetLife's approval of Litman's LTD claim
- December 21, 2020: Referenced Litman's "approved disability claim"
- February 16, 2021: Warned Litman not to do anything "contrary to your current disability status"
- March 2022: Distinguished between "active employee" and "on disability/retired"

During this entire period (6/15/2020 onward), Goldberg was signing POAs and filing patents using Litman's name.

2. "Retired" vs. "Disabled" -- The Answer Is Disabled

Goldberg's March 2022 email draws the distinction: "the question all comes down to whether you will be an active employee vs. on disability/retired." The emails make clear that Litman was NOT retired -- he was ON DISABILITY:
- He was receiving MetLife LTD benefits (requires being disabled, not retired)
- He maintained "Senior Counsel" title (not "Retired")
- He was actively receiving medical treatment
- He expressed desire to return to work ("rise from the dead")
- He was studying disability law to understand his own rights
- Third parties (family) acknowledged he was "on disability"

This distinction matters because: being disabled means Litman COULD NOT consent to the use of his name (he was unable to perform the duties of his occupation), and his name was being used to give the false impression he was still actively practicing.

3. Goldberg Used MetLife Disability Information As a Weapon

In the February 28, 2023 email, Goldberg quoted extensively from the MetLife LTD policy to argue that payments to Litman would reduce his disability benefits. He used his knowledge of Litman's disability claim -- gained through his direct role as employer contact with MetLife -- as leverage in their financial dispute. This is particularly egregious given that Goldberg was simultaneously using Litman's name commercially on patent filings.

4. The 6/15/2020 Date Is Rock-Solid

The date of disability (June 15, 2020) was:
- Stated by Litman in multiple emails
- Accepted by Goldberg ("I agree it would be cleanest to treat it like death, thereby instituting the five-year period starting 6/15/2020")
- Used on MetLife claim forms
- Used for wage reconciliation purposes
- The basis for stopping Litman's paychecks

This date is EXACTLY the SOL cutoff date in the lawsuit. Every patent filing, POA signature, and name use after this date occurred while Litman was medically disabled and both parties knew it.

Disability-Related Financial Facts from Emails

58 CRITICAL, 108 HIGH, 31 MEDIUM, 16 LOW relevance emails identified.
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