Gorbacheva
Gorbacheva v. Abbott Labs. Extended Disability Plan
Opinion
Lead Opinion
Davila, J.
In this action under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132 , Plaintiff Olga Gorbacheva ("Plaintiff") seeks long-term disability ("LTD") payments from Defendant Abbott Laboratories Extended Disability Plan ("the Plan" or "Defendant") after her request for benefits was denied. In June of 2016, the Court remanded the action to the Plan Administrator to make an initial determination of Plaintiff's claim in light of all of the evidence it should have considered in the first instance. On remand, the Plan Administrator upheld the termination of Plaintiff's benefits. The Plan Administrator found that Plaintiff did not meet the Plan's definition of disabled beyond July 31, 2012. The case was reopened in January of 2017.
Presently before the Court are Plaintiff's motion for "Judgment On The Record Or, In The Alternative, An Order Setting the Case for Trial De Novo " and Defendant Abbott Laboratories Extended Disability Plan's ("Defendant") motion for summary judgment. See Dkt Nos. 89, 91. Having considered the parties' arguments and evidence, Defendant's motion for summary judgment is granted and Plaintiff's motion for judgment on the record is…