Filed: Jul. 11, 2016
Latest Update: Jul. 11, 2016
Summary: STIPULATION AND ORDER FOR 45-DAY EXTENSION TO. DETERMINE WHETHER NAGY IS ENTITLED TO BENEFITS UNDER THE "ANY OCCUPATION" STANDARD OF THE HARTFORD DISABILITY POLICY HAYWOOD S. GILLIAM, Jr. , District Judge . Plaintiff Dave Nagy ("Plaintiff" or "Nagy") and Defendants Group Long Term Disability Plan for Employees of Oracle America, Inc. ("the Plan") and Hartford Life and Accident Insurance Company ("Hartford") (collectively "the Parties"), hereby stipulate and agree as follows: WHEREAS on Apr
Summary: STIPULATION AND ORDER FOR 45-DAY EXTENSION TO. DETERMINE WHETHER NAGY IS ENTITLED TO BENEFITS UNDER THE "ANY OCCUPATION" STANDARD OF THE HARTFORD DISABILITY POLICY HAYWOOD S. GILLIAM, Jr. , District Judge . Plaintiff Dave Nagy ("Plaintiff" or "Nagy") and Defendants Group Long Term Disability Plan for Employees of Oracle America, Inc. ("the Plan") and Hartford Life and Accident Insurance Company ("Hartford") (collectively "the Parties"), hereby stipulate and agree as follows: WHEREAS on Apri..
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STIPULATION AND ORDER FOR 45-DAY EXTENSION TO. DETERMINE WHETHER NAGY IS ENTITLED TO BENEFITS UNDER THE "ANY OCCUPATION" STANDARD OF THE HARTFORD DISABILITY POLICY
HAYWOOD S. GILLIAM, Jr., District Judge.
Plaintiff Dave Nagy ("Plaintiff" or "Nagy") and Defendants Group Long Term Disability Plan for Employees of Oracle America, Inc. ("the Plan") and Hartford Life and Accident Insurance Company ("Hartford") (collectively "the Parties"), hereby stipulate and agree as follows:
WHEREAS on April 22, 2016 this Court issued an interlocutory order finding Nagy was entitled to disability benefits between September 13, 2011 and January 16, 2013. The Court further ordered that Nagy's claim be remanded to Hartford for further proceedings to determine whether Nagy is entitled to benefits under the "any occupation" standard under the Hartford disability policy.
WHEREAS, in the Judgment this Court entered, it required that Hartford's decision under the "any occupation" standard shall be made within 90 days of the Court's April 22, 2016 Order, "absent tolling pursuant to ERISA regulations, the parties' stipulation and/or a further order of this Court."
WHEREAS, the parties are cooperating to obtain the necessary information to allow Hartford to conduct a proper review under ERISA, but Hartford is still waiting on certain outstanding information, including medical and (possible) vocational reviews. This information is necessary for Hartford to complete its "any occupation" analysis in accordance with 29 CFR. 2560.503-1, before its final decision is presented to this Court.
WHEREAS, the parties stipulate that Hartford may have an extension of approximately 45 days, from July 22, 2016 to September 6, 2016 to determine whether Nagy is entitled to benefits under the "any occupation" standard under the Hartford disability policy and thus jointly request that this Court allow such an extension.
IT IS SO STIPULATED.
ORDER
Pursuant to stipulation, and good cause appearing, IT IS HEREBY ORDERED that Hartford shall have an additional 45-day extension, from July 22, 2016 to September 6, 2016, to make its decision whether Nagy is entitled to benefits under the "any occupation" standard.
IT IS SO ORDERED.
