DeGrado v. Jefferson Pilot Finl

Filing 241

Final ORDER on Review of Administrative Record. granting 199 Plaintiff's Post-Remand Motion for Summary Judgment; denying 225 Defendant's Post-Remand Motion for Summary Judgment. Jefferson, within 30 days of this Order, or by Monday, March 9, 2009, recalculate the benefits owed to Plaintiff and shall calculate the difference between the amount paid under its calculation that the claim was part of the prior disability under subparagraph 2 of the Recurrent provision and the amount that would have been paid if the claim had been treated as a new period of disability under subparagraph. Jefferson shall then pay this past-due amount to Plaintiff within 60 days of the Order, or by Monday, April 6, 2009. If Plaintiff believes that interest is applicable on any portion of these payments, he may file a motion on that issue by Tuesday, February 17, 2009. Plaintiff shall file a motion and brief on the issue of attorneys fees within thirty (30)days of this Order, or by Monday, March 9, 2009. Jefferson to file a response to this motion within twenty (20) days of the filing of the Motion. Plaintiff may file a reply within ten (10) days of the filing of the Response, by Chief Judge Wiley Y. Daniel on 2/5/09.(gms, )