Martin

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

Before the Court is defendant’s motion for summary judgment. For the reasons outlined ill this memorandum and order, the Court hereby GRANTS defendant’s motion.

FACTUAL BACKGROUND

This is an ERISA denial of benefits case, brought by Steven Martin (“Martin”). Beginning ill 1997, Martin, who was then a senior underwriter at AIG insurance company, began to consult physicians regarding neck and shoulder pain and fatigue. Martin underwent surgery on his right rotator cuff in .February 1997, and saw several practitioners for chronic pain thereafter. In September 1997, Martin submitted a claim for total disability to AIG’s ERISA plan, which is funded and managed by defendant Continental Casualty Company (“Continental”).

The record reflects four separate administrative denials of Martin’s disability claim. To support his initial claim, Martin submitted his hospital records from two treating physicians. Continental reviewed Martin’s claim, and denied it on November 13, 1997. Before appealing of right, Martin submitted follow-up reports from two doctors to the initial reviewer. On December 24, 1997, Continental upheld…