Ramos
Ramos v. Bank of America
Opinion
Opinion
Hamilton, J.
ORDER RE MOTIONS FOR SUMMARY JUDGMENT
The parties’ motions for summary judgment came on for hearing before this court on November 10, 2010. Plaintiff appeared by her counsel Joseph Creitz, and defendants appeared by their counsel Kristen Jacoby and Rebecca Hull. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby GRANTS defendants’ motion, and DENIES plaintiffs motion.
BACKGROUND
This is a case brought under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 , et seq. (“ERISA”). Plaintiff Lena Monzon Ramos is a former employee of Bank of America (“BofA”). In November 2004, after 22 years with the bank, she left her employment, claiming to be fully disabled and unable to perform any of the functions of her job (Senior Operations Representative).
As set forth in the BofA Associate Handbook, BofA offers “illness, injury and disability benefits” that include occasional illness days, short-term disability (“STD”), long-term disability (“LTD”), worker’s compensation for work-related injuries, and long-term care insurance. Administrative Record (“AR”) 0153.