Greenwald v. Liberty Life Assurance Company of Boston et al

Filing 80

ORDER granting 76 Plaintiff's Motion to Release Long-Term Disability Benefits to Plaintiff. Counsel for plaintiff may release the LTD benefits already paid to plaintiff. Liberty Life is authorized to make future LTD benefit payments directly to plaintiff. Ordered by Judge John M. Gerrard. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TODD GREENWALD,
Plaintiff,

4:12CV3034

vs.
ORDER
LIBERTY LIFE ASSURANCE
COMPANY OF BOSTON; WELLS
FARGO & COMPANY; WELLS
FARGO & COMPANY SHORT-TERM
DISABILITY PLAN; WELLS FARGO
& COMPANY LONG-TERM
DISABILITY PLAN,
Defendants.
This matter is before the Court on plaintiff's Motion to Release LongTerm Disability (LTD) Benefits to Plaintiff (filing 76). Following a remand for
administrative review of plaintiff's claim for LTD benefits, Liberty Life
approved benefits retroactive to July 29, 2011, in the amount of $39,654.62.
Filing 65 at 1–2. The Court then lifted the stay on plaintiff's claim for LTD
benefits (claim II) and authorized plaintiff's counsel to deposit any sums
received into her firm's trust account. Filing 61. Liberty Life is currently
sending plaintiff's ongoing LTD benefits to his counsel's firm. Filing 76 at ¶ 5.
Plaintiff requests the Court to enter an order authorizing his counsel's
firm to release benefits already paid to him, and authorizing Liberty Life to
make future LTD benefit payments directly to plaintiff. Counsel for Liberty
Life has informed the Court that Liberty does not oppose plaintiff's motion to
release the funds. Accordingly,
IT IS ORDERED:
1.

Plaintiff's Motion to Release Long-Term Disability Benefits
to Plaintiff (filing 76) is granted;

2.

Counsel for plaintiff may release the LTD benefits already
paid to plaintiff; and

3.

Liberty Life is authorized to make future LTD benefit
payments directly to plaintiff.

Dated this 4th day of February, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge

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