Carey

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiff Richard Carey filed this action against Defendant United of Omaha Life Insurance Company (“United”), the claim administrator for long-term disability benefits under his Employee Retirement Income Security Act of 1974 (“ERISA”) governed group Long-Term Disability Plan (the “Plan”). (Dkt. No. 5 [“Compl.”].) Through his Complaint, Mr. Carey seeks to challenge United’s denial of his application for Long-Term Disability benefits under his policy. (Compl. ¶ 37.) Before the Court is United’s motion for summary judgment, which argues that Mr. Carey cannot prevail on his claim because he failed to first exhaust the administrative remedies available to him under the Plan. 1 For the reasons stated herein, United’s motion is GRANTED.

II. Background

Mr. Carey obtained coverage under the Plan through his employer, and the Plan sponsor, Angelus Block Company, Inc. {See Dkt. No. 16-4 [“UF”] ¶ 1.) After Mr. Carey stopped working for Angelus, on August 23, 2010 he submitted a claim for long-term disability benefits to United, stating that he was disabled from his occupation as an architectural representative due to…