Thank You For Submiting Feedback!
United States District Court for the District of Oregon
April 17, 2018, Decided; April 17, 2018, Filed
OPINION & ORDER
HERNÁNDEZ, District Judge:
Plaintiff Alison Gary brings this Employee Retirement Income Security Act ("ERISA") action against Defendant Unum Life Insurance Company of America, contending that Defendant improperly denied Plaintiff's application for disability benefits. Plaintiff now moves under Federal Rule of Civil Procedure 5.2(d) for the entire administrative record, any additions to it, as well as a Declaration and exhibits previously filed by Defendant UNUM Life, to be filed under seal. I grant the motion.
Plaintiff was employed by Dickstein Shapiro LLP as an associate attorney, starting on September 24, 2012. Compl. ¶6, ECF 1. Plaintiff states that by November 27, 2013, she had become totally disabled. Id. Plaintiff's physician ordered Plaintiff to cease work. Id. On December 1, 2013, Plaintiff stopped working as an attorney. Id. Since that time, Plaintiff has remained unemployed and under medical treatment. Id.
In 2016, Plaintiff filed a claim for long-term-disability ("LTD") benefits [*2] under Dickstein Shapiro LLP's Group Plan, which is administrated by Defendant. Id. at ¶¶2, 17. On February 22, 2017, Defendant paid Plaintiff one month's benefit under the Plan while it completed its review of Plaintiff's claim. Id. at ¶21. The next day Defendant denied Plaintiff's claim. Id. at ¶22. Plaintiff pursued an administrative appeal, and on July 28, 2017, Defendant granted short-term-disability ("STD") benefits but denied LTD benefits. Id. at ¶¶23-25. On September 8, 2017, Plaintiff filed suit against Defendant seeking recovery of LTD benefits, a declaration of continuing benefits, and fees and costs. See Compl. ¶¶30-62.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2018 U.S. Dist. LEXIS 64186 *; 2018 WL 1811470
ALISON GARY, an individual, Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, a Maine corporation, as administrator of the Dickstein Shapiro LLP Group Long Term Disability Plan, Defendant.
Prior History: A.G. v. Unum Life Ins. Co. of Am., 2018 U.S. Dist. LEXIS 24752, 2018 WL 903463 (D. Or., Feb. 14, 2018)
seal, compelling reason, administrative record, public access, medical record, documents, argues, secret, medical information, benefits, personal information, Declaration, exempt