Schwarzwaelder v. Merrill Lynch & Co., Inc.

MEMORANDUM OPINION AND ORDER

TERRENCE F. McVERRY, District Judge.

I. CONCLUSION

The Motion for Summary Judgment filed by Defendant will be denied and the Motion for Summary Judgment filed by Plaintiff will be granted, as Defendant Metropolitan Life Insurance Company’s (“MetLife” or the “Administrator”) denial of benefits on remand constituted an abuse of discretion in light of (a) the applicable Plan provisions and (b) the medical and occupational evidence of the Administrative Record (the “Record”). This Court will grant Plaintiffs request for summary judgement “on the issue of whether…