Rosenthal-Zuckerman
Rosenthal-Zuckerman v. Epstein, Becker & Green Long Term Disability Plan
Opinion
Lead Opinion
Marshall, J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This Order constitutes the Court’s findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52 following a trial on the briefs with supporting evidence. The Court finds that Plaintiff is entitled to the disability benefits in dispute, $24,536.13, with interest.
I. JURISDICTION
This Court has jurisdiction over this matter under 29 U.S.C. § 1132 (e).
II. FACTUAL AND PROCEDURAL BACKGROUND
This is an ERISA case in which the Court must interpret a contractual term in Plaintiffs disability insurance plan (the “Disability Plan”). There is no dispute that Plaintiff is disabled. Rather, the disputed issue is whether contributions to Plaintiffs pension plan as part of her part-time employment constitute “Actual Monthly Residual Earnings” (“AMRE”) for purposes of calculating Plaintiffs disability benefit.
Plaintiff was a trial attorney and worked at the law firm Epstein, Becker and Green until she became disabled in 1995. Defendants are:
After becoming disabled, Plaintiff began to receive disability benefits from Defendants. To continue receiving disability benefits, Plaintiff has periodically submitted forms to…