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United States District Court for the Southern District of Ohio, Western Division
January 17, 2008, Decided; January 17, 2008, Filed
Case No. 1:06-cv-030
On May 23, 2007, this Court granted Plaintiff's motion for summary judgment and awarded Plaintiff long-term disability benefits. After a status conference, it became apparent that the parties disagreed about the proper calculation of those benefits under AK Steel's Long Term Disability Plan. The parties agreed to submit this question to the Court to avoid further delay, and with BPAC's agreement that the calculation presented in Defendants' briefs is attributed to BPAC, the Plan Administrator. The briefs on the benefit calculation issues have been submitted (Docs. 60, 61 and 63). Also ripe for decision is Plaintiff's motion for attorney's fees (Doc. 48), to which Defendants have responded (Doc. 54), and Plaintiff has replied (Doc. 56).
Regarding the benefit calculation, there are two issues in dispute and one on which the parties apparently agree, as discussed below.
(1) [*2] The Maximum Benefit Limitation. The LTD Plan's section entitled "Amount of Benefit" defines "Basic Long Term Disability Benefit" as follows:
You will receive an amount equal to 60% of your monthly base salary in effect on the date your disability begins. All benefit amounts are subject to possible reductions described in the Benefit Reductions section of this book.
The next section of the Plan is titled "Maximum Limits." Within this section is a paragraph labeled "Basic LTD Benefit Maximum" which states:
The maximum monthly limit for the Basic LTD Benefit is $ 5,000 (offset by Social Security Disability benefits, any immediate pension payable from the Noncontributory Pension Plan and any other disability benefits.)
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2008 U.S. Dist. LEXIS 5907 *; 43 Employee Benefits Cas. (BNA) 1740
Gary L. Neiheisel, Plaintiff, vs. AK Steel Corporation and AK Steel Long Term Disability Plan, Defendants.
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