KREEGER

MEMORANDUM & ORDER REGARDING BENCH TRIAL

I. INTRODUCTION

Plaintiff Margaret Kreeger (“Plaintiff’ or “Kreeger”), a 57-year-old woman who formerly held a high level position as in-house counsel at BP Corporation North America, Inc. (“BP”), suffers from multiple sclerosis (“MS”). The condition was first diagnosed in 1988, but Kreeger managed to continue working without accommodation for ten years. In 1998, due to the progress of the disease, Kreeger’s work schedule was modified to permit her to work three days at the office and to telecommute two days each week. However, in December 2005, due to further deterioration in her condition, including distress due to memory dysfunction, chronic depression, anxiety and pathological fatigue, Plaintiff was no longer able to work.

In May 2006, Plaintiff applied for long term disability benefits pursuant to her employee benefits plan and began receiving her requested benefits a month later. Defendant Life Insurance Company of North America (“LINA”), which funded and administered the disability benefits plan, approved the application. However, on May 8, 2008, LINA notified Plaintiff that it was terminating her benefits effective April 30,…