Granville v. Penn Foster, Inc. et al
| Shirleen Granville |
| Penn Foster, Inc. and Aetna Life Insurance Company |
| 3:2014cv00211 |
| February 7, 2014 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Lackawanna |
| Robert D. Mariani |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1002 |
| None |
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Filing
51
ORDER 1. Plaintiffs Motion for Summary Judgment (Doc. 36) is GRANTED. 2.Defendant's Motion for Summary Judgment (Doc. 38) is DENIED. 3. Judgment is HEREBY ENTERED in favor of the Plaintiff Shirleen Granville and against the Defendant Aetna Life Insurance Company. 4. Because Aetna's decision to deny benefits was founded on the "own occupation" standard applicable for the initial twenty-four month period of long term disability benefits, there remains the additional issue as to whether Plaintiff would qualify for benefits under the definition of disability that becomes applicable at the end of the initial twenty four months. That definition deems a participant "disabled on any day if [she] [is] not able to work at any reasonable occupation solely because of disease; or injury." Because no analysis was made of Plaintiffs claim under that standard -forthe reason that it had not yet become applicable -this Order does not addressPlaintiffs eligibility for long t erm disability benefits under the "any occupation" standard applicable after the initial twenty-four month period of LTD benefits. Had the Plaintiff been granted benefits, as she should have been, as of the effective date of January 11, 201 2 based on the "own occupation" standard, the twenty-four month period would have expired on January 10, 2014. Those benefits are due and payable under this opinion. However, Plaintiffs entitlement, if any, after January 10, 2014 under the "any occupation" standard is not before this Court. Should Plaintiff within twenty eight (28) days of the date this Order notify Aetna in writing that shecontinues to be disabled and wishes to have her claim of continued disabilityevaluated by Aetna for the payment of further benefits, this matter IS REMANDED to Aetna for the fulfillment of its evaluation responsibilities under the terms of the disability policy at issue. 5. The Clerk of Court is directed to CLOSE this case.Signed by Honorable Robert D. Mariani on 12/15/15. (jfg)
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