Chellino

MEMORANDUM AND ORDER

Plaintiff Marie Chellino appeals the termination of her long-term disability benefits under the Kaiser Permanente Welfare Benefit Plan. After carefully considering the administrative record, the Court concludes that oral argument is unnecessary and GRANTS defendant’s motion for summary judgment and DENIES plaintiffs motion. The Plan fiduciary’s determination that Chellino is no longer disabled from working at any occupation was not an abuse of discretion.

Background

Chellino was employed as a programmer analyst for Kaiser Foundation Hospitals. While employed she was covered by the “Kaiser Permanente Welfare Benefits Plan” (the “Plan”). Among other things, the Plan provided long-term disability benefits through Aetna Life Insurance Company (“Aetna”). Kaiser Foundation Health Plan, Inc. (“Kaiser Foundation”) was the Plan Administrator and Aetna the Claim Administrator.

The Plan defines “disability” for the purpose of receiving disability benefits as follows:

(AR 957)

Chellino last worked for Kaiser on June 26, 1996; she subsequently made a claim for long term disability benefits based on fibromyalgia. The then claims administrator, New York Life Insurance…