England v. The Boeing Company Employee Health and Welfare Benefit Plan et al

Filing 13

ORDER granting 12 Stipulated Motion to Supplement the Claim File on De Novo Review. The parties agree that the Notice of Award should be considered by the Court upon de novo review. Signed by Judge Robert S. Lasnik. (PM)

Honorable Robert S. Lasnik

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON

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DAMON ENGLAND,
Case No.: 2:17-CV-00869 RSL

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Plaintiff,
vs.
THE BOEING COMPANY EMPLOYEE
HEALTH AND WELFARE BENEFIT PLAN;
EMPLOYEE BENEFIT PLANS
COMMITTEE, The Plan Administrator, a
foreign corporation; and AETNA LIFE
INSURANCE COMPANY, a foreign
corporation,
Defendant.
Defendant.

STIPULATED MOTION AND ORDER
TO SUPPLEMENT THE CLAIM FILE
ON DE NOVO REVIEW

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COME NOW the parties, by and through their attorneys of record and hereby stipulate

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that the Court enter an Order that the Aetna Administrative Record will be supplemented with

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the Social Security Administration (“SSA”) Notice of Award granting Plaintiff’s Social

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Security Disability (“SSDI”) benefits.

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This is a claim for long-term disability benefits Plaintiff is eligible to receive through his

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employment with Boeing. Defendants initially denied Plaintiff’s claim for long-term disability

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benefits by letter, dated June 7, 2016. Plaintiff appealed the denial and submitted additional,

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supportive medical information to support his disability. Defendant upheld the initial denial by
STIPULATED MOTION TO SUPPLEMENT THE CLAIM FILE
ON DE NOVO REVIEW – 1
File Number 204364

LAW OFFICES OF
NELSON LANGER ENGLE PLLC
th
12055 15 Avenue NE
Seattle, Washington 98125
Telephone: 206~623~7520
Facsimile: 206~622~7068

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letter, dated October 26, 2016. Plaintiff was awarded SSDI by the SSA on October 21, 2016.

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The Notice of Award is not contained in the Administrative Record lodged by Defendants. The

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parties agree that the Notice of Award should be considered by the Court upon de novo review.

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DATED this 11th day of October 2017.

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NELSON LANGER ENGLE, PLLC

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/s/ Aaron I. Engle
Aaron I. Engle, WSBA #37955
12055 15th Avenue NE
Seattle, WA 98125
Telephone: [phone]
[e-mail]
Attorneys for Plaintiff

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JENSEN BAKER MORSE, PLLC

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/s/ Sarah E. Swale
Sarah E. Swale, WSBA #29626
Jensen Baker Morse PLLC
216 First Avenue South Suite 204
Seattle, WA 98104
[phone]
[e-mail]
Attorneys for Defendants

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BASED ON THE STIPULATION OF THE PARTIES, it is so ordered.
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DONE IN OPEN COURT this 17th day of October, 2017.
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A
Robert S. Lasnik

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United States District Judge

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STIPULATED MOTION TO SUPPLEMENT THE CLAIM FILE
ON DE NOVO REVIEW – 2
File Number 204364

LAW OFFICES OF
NELSON LANGER ENGLE PLLC
th
12055 15 Avenue NE
Seattle, Washington 98125
Telephone: 206~623~7520
Facsimile: 206~622~7068