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Richter v. Metropolitan Life Insurance Company, 15-cv-8266 (LAK). (2017)

Court: District Court, S.D. New York Number: infdco20170905761 Visitors: 4
Filed: Jul. 24, 2017
Latest Update: Jul. 24, 2017
Summary: ORDER LEWIS A. KAPLAN , District Judge . Plaintiff moves for judgment on the pleadings and on the administrative record determining that defendant wrongfully denied her long term disability benefits under an employee benefit plan. Defendant has moved for summary judgment dismissing the complaint. In a lengthy report and recommendation (the "R&R") [DI 41], Magistrate Judge Debra Freeman recommends that the (1) plaintiff's motion [DI 31] be granted to the extent that her claim for long term d
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ORDER

Plaintiff moves for judgment on the pleadings and on the administrative record determining that defendant wrongfully denied her long term disability benefits under an employee benefit plan. Defendant has moved for summary judgment dismissing the complaint. In a lengthy report and recommendation (the "R&R") [DI 41], Magistrate Judge Debra Freeman recommends that the (1) plaintiff's motion [DI 31] be granted to the extent that her claim for long term disability benefits based on physical disability be remanded to defendant for reconsideration and otherwise denied, and (2) the defendant's motion be granted to the extent that plaintiff's claim that she wrongly was denied disability benefits based on alleged psychiatric conditions be dismissed and otherwise denied. The R&R recommends also an award of attorneys' fees in favor of plaintiff. Defendant, but not plaintiff, objects to the R&R.

Defendant's objections all are overruled save that the Court agrees that any award of attorneys' fees is premature. In all other respects, the Court adopts the recommended disposition of the motions substantially for the reasons set forth in the R&R. Plaintiff's motion [DI 31] is granted to the extent that her claim for long term disability benefits based on physical disability is remanded to defendant for reconsideration as detailed in the R&R and otherwise denied. Defendant's motion for summary judgment dismissing the complaint is granted to the extent that plaintiff's claim that she wrongly was denied disability benefits based on alleged psychiatric conditions be dismissed and otherwise denied.

SO ORDERED.

Source:  Leagle

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