Carstens

Carstens v. United States Shoe Corp.'s Long-Term Benefits Disability Plan

Good Law

520 F. Supp. 2d 1165·2007 WL 3236353·42 Employee Benefits Cas. (BNA) 2953·2007 U.S. Dist. LEXIS 96094

United States District Court, Northern District of CaliforniaOctober 31, 2007C07-1662 TEHCalifornia2,441 words

Opinion

Henderson, J.

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

This matter came before the Court on Monday August 20, 2007, on a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) filed by Defendant United States Shoe Corporation’s Long Term Benefit Plan (“U.S.Shoe”). Having carefully reviewed the parties’ papers, the arguments of counsel, and the record herein, the Court DENIES Defendant’s motion for the reasons set forth below.

BACKGROUND

Plaintiff became totally disabled in 1990, and Defendant U.S. Shoe began to pay her long term disability (“LTD”) benefits according to the terms of her Plan (“Plan”). She also collected Social Security Disability benefits. Defendant offset Plaintiffs monthly benefit checks by her monthly Social Security payments, which Plaintiff does not dispute is authorized under the Plan.

In 2002, Plaintiff and her husband adopted a son named Willem, who also began receiving a monthly benefit from the Social Security Administration (“SSA”). When a person becomes disabled, retires, or dies, his or her dependent children become eligible to receive what is often termed a “dependent benefit.” Children qualify for such benefits if they apply, are unmarried,…

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