Dimopoulou v. First Unum Life Insurance Company et al
| Dimitra Dimopoulou |
| First Unum Life Insurance Company, Unum Life Insurance Company of America, Blackstone Administrative Services Partnership, L.P. and Blackstone Administrative Services Partnership, L.P. Health & Welfare Plan |
| 1:2013cv07159 |
| October 9, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronald L. Ellis |
| Andrew L. Carter |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1001 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
186
JUDGMENT FOR ATTORNEYS' FEES AND COSTS. Fees in favor of Dimitra Dimopoulou against First Unum Life Insurance Company in the amount of $ 404,938.33. (Signed by Clerk of Court Ruby Krajick on 2/5/2021) (dt)
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Filing
169
ORDER: The Court is in receipt of Defendants' letter seeking permission to re-file certain documents. ECF No. 168. The Court grants Defendants leave to file a motion seeking approval of redacted filing, which must include the proposed redactions, by June 19, 2020. See Individual Practices 6.C-D. The Court has removed the relevant documents from public view in the interim. SO ORDERED., Motions due by 6/19/2020. (Signed by Judge Andrew L. Carter, Jr on 6/4/2020) (rj)
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Filing
157
ORDER re: 156 Letter re: Objection to Unum's Request for a Medical Examination, filed by Dimitra Dimopoulou. ENDORSEMENT: The Court is in receipt of the Plaintiff's letter dated February 17, 2020. Accordingly, Defendant is hereby ORDERED to respond on or before February 24, 2020. (Signed by Judge Andrew L. Carter, Jr on 2/21/2020) (rj)
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Filing
155
ORDER: The Court is in receipt of the Parties' letters concerning Plaintiff's administrative appeal of Defendant's claim determination. See ECF Nos. 150-51, 53-54. After careful consideration, Defendant is directed to reach a decision on Plaintiff's appeal within 60 days of the date of this order. Pursuant to 29 C.F.R. § 2560.503-1(g)(1)(iv), upon an adverse benefit determination, a plan administrator is required to provide a claimant with "[a] des cription of the plan's review procedures and the time limits applicable to such procedures." 29 C.F.R. § 2560.503-1(g)(1)(iv). Where an administrator provides notice of a denial without specifying a time limit for administrative review of the denial, the plan's time bar is not triggered. See Burke v. Kodak Ret. Income Plan, 336 F.3d 103, 107 (2d Cir. 2003). Here, Defendant's notice does not sufficiently advise Plaintiff of the administrative review procedures nor does it specify any time limits by which an administrative appeal must be submitted. Accordingly, Plaintiff's appeal is not untimely. In addition, Defendant's argument that the ERISA regulations require Plaintiff to file an administrative appeal within 180 days of a denial in unavailing. Under 29 C.F.R. § 2560.503-1 (h)(3)(i), administrators are required to "[p]rovide claimants at least 180 days following receipt of a notification of an adverse bene fit determination within which to appeal the determination." 29 C.F.R. § 2560.503-1(h)(3)(i). Not only does this requirement apply to administrators, but also it indicates that the 180-day period is the minimum amount of time to be provided to a claimant, not the maximum. (Signed by Judge Andrew L. Carter, Jr on 12/30/2019) (mro)
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Filing
139
OPINION AND ORDER re: 124 MOTION for Attorney Fees . filed by Dimitra Dimopoulou. Plaintiff moved for an award of attorneys' fees and costs. (As further set forth in this Order.) For the reasons set forth herein, the Court awards Plaintiff $223,361.00 in attorneys' fees and $5,868.08 in costs. (Signed by Judge Andrew L. Carter, Jr on 2/3/2017) (cf)
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