Cushman

FINDINGS OF FACT AND CONCLUSIONS OF LAW [JS-6]

District Judge.

I. INTRODUCTION

Plaintiff James Cushman (“Plaintiff’) brings this action pursuant to 29 U.S.C. § 1132 (a)(1)(B), to recover benefits under the terms of an ERISA plan. In July of 2005, Plaintiff left his job at a car dealership and began receiving disability benefits from Defendant American Fidelity Assurance Company (“Defendant”). In March of 2008, Defendant decided that Plaintiff no longer qualified for benefits because Plaintiff could perform sedentary work. As a result, Defendant terminated Plaintiffs benefits under the long-term benefit plan (the “Plan”). Having conducted a bench trial on February 10, 2009, the Court now makes the following findings of facts and conclusions of law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure. For the reasons that follow, the Court finds that Defendant abused its discretion by deciding to terminate Plaintiffs long-term benefits under the Plan.

II. FACTS

On July 26, 2005, Plaintiff filled out and submitted to Defendant a disability application, which stated that Plaintiff was experiencing “pain in feet [and] lower back.” (Administrative Record (“AR”), at 311.)…