Benson

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

This case arises out of the alleged wrongful termination of Long Term Disability (LTD) benefits by plaintiffs employer Xerox, the Long-Term Disability Income Plan for the Employees of Xerox, and Health International (HI). Plaintiff also alleges that she was wrongfully terminated in retaliation of her making an ERISA based LTD benefit claim, and appealing the same.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. PLAINTIFF’S RECEIPT OF DISABILITY BENEFITS

Unless stated otherwise, the following facts are undisputed: Plaintiff was an employee of Xerox. See Pl.’s Statement of Genuine Issues at 2 (PL’s Statement). In 1997, Xerox offered two types of disability benefits — short-term disability benefits, and long-term disability benefits. See id. The plan became effective for eligible and qualified Xerox employees on August 1, 1996. See id. Under the LTD plan, disability is defined as follows:

Id. at 2-3.

In January 1997, plaintiff applied for and received short term disability benefits from January 29, 1997 through June 29, 1997. See id. at 5-6. After plaintiff exhausted her short term disability benefits, she applied…