GROSSO v. AETNA LIFE INS CO et al

Filing 43

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE , denying 30 Motion for Judgment on the Record for Judicial Review (ERISA); granting in part and denying in part 31 Motion for Judgment on the Record for Judicial Review to the e xtent Plaintiff requests a finding of disability (ERISA); Plaintiff's request for attorney's fees are denied without prejudice in the event Plaintiff wishes to bring that as a separate motion. By JUDGE GEORGE Z. SINGAL. (MSH) Modified on 10/21/2013 to match the title of the order with the docket text(lrc).

UNITED STATES DISTRICT COURT
District of Maine

DOUGLAS GROSSO,
Plaintiff
v.
AETNA LIFE INSURANCE
COMPANY, et al.,
Defendants

)
)
)
)
)
)
)
)
)
)

No. 1:12-cv-00327-GZS

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge filed with the Court on September 4, 2013, her
Recommended Decision (ECF No. 40). Plaintiff filed his Objection to the Recommended Decision
(ECF No. 41) on September 23, 2013. Defendants filed their Response to Plaintiff’s Objection to
the Recommended Decision (ECF No. 42) on October 10, 2013.
I have reviewed and considered the Magistrate Judge's Recommended Decision, together
with the entire record; I have made a de novo determination of all matters adjudicated by the
Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United
States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that
no further proceeding is necessary.
1.

It is therefore ORDERED that the Recommended Decision of the Magistrate Judge
is hereby AFFIRMED.

2.

It is hereby ORDERED that the Motion for Judgment on the Record filed by
Defendant Aetna Life Insurance Company (ECF No. 30) is hereby DENIED.

3.

It is hereby ORDERED that the Motion for Judgment on the Record filed by
Plaintiff (ECF No. 31) is GRANTED IN PART based on the lack of substantial
evidence to support Defendant Aetna’s decision and DENIED to the extent he
requests a finding of disability.

4.

It is hereby ORDERED that this matter is REMANDED to the claims administrator
for a new review of Plaintiff’s claim in accordance with the Magistrate Judge’s
recommendations contained in the Recommended Decision.

5.

It is hereby ORDERED that Plaintiff’s request for attorney’s fees are DENIED
WITHOUT PREJUDICE in the event Plaintiff wishes to bring that as a separate
motion.

/s/George Z. Singal_____________
U.S. District Judge
Dated this 20th day of October, 2013.