United States District Court, W.D. Michigan, Northern Division
J. QUIST UNITED STATES DISTRICT JUDGE.
Tashina Elliott, has sued Defendant, United of Omaha Life
Insurance Company, pursuant to the Employee Retirement Income
Security Act of 1974 (“ERISA”), 29 U.S.C.
§§ 1001 et seq., seeking review of Defendant's
decision to discontinue Plaintiff's long-term disability
benefits. (ECF No. 1-1 at PageID.8.) Defendant has filed the
Administrative Record and the parties have filed
cross-motions for judgment on the Administrative Record in
accordance with the procedures set forth in Wilkins v.
Baptist Healthcare System, Inc., 150 F.3d 609 (6th Cir.
1998). For the foregoing reason, the Court will affirm
issued a long-term disability insurance policy to the Bay
Mills Indian Community. Plaintiff is an employee of Bay Mills
and is covered by the policy which provides, in relevant
Disability and Disabled means that because of an Injury or
Sickness, a significant change in Your mental or physical
functional capacity has occurred in which You are:
(a) prevented from performing at least one of the Material
Duties of Your Regular Occupation on a part-time or full-time
(b) unable to generate Current Earnings which exceed 80% of
Your Basic Monthly Earnings due to that same Injury or
After a Monthly Benefit has been paid for 3 years, Disability
and Disabled mean You are unable to perform all of the
Material Duties of any Gainful Occupation. Disability is
determined relative to Your ability or inability to work. It
is not determined by the availability of a suitable position
with Your employer. …
Material Duties means the essential tasks, functions, and
operations relating to an occupation that cannot be
reasonably omitted or modified. In no event will We consider
working an average of more than 40 hours per week in itself
to be a part of material duties. One of the material duties
of Your Regular Occupation is the ability to work for an
employer on a full-time basis.
Regular Occupation means the occupation You are routinely
performing when Your Disability begins. Your regular
occupation is not limited to the specific position You held
with the Policyholder, but will instead be considered to be a
similar position or activity based on job descriptions
included in the most current edition of the U.S. Department
of Labor Dictionary of Occupational Titles (DOT). We have the
right to substitute or replace the DOT with a service or
other information that We determine of comparable purpose,
with or without notice. To determine Your regular occupation,
We will look at Your occupation as it is normally performed
in the national economy, instead of how work tasks are
performed for a specific employer, at a specific location, or
in a specific area or region.
(ECF No. 13-1 at PageID.90-92.)
worked as a receptionist at Bay Mills. The record describes
her occupation as follows:
1. Schedules appointments, gives information to callers,
takes dictation, and otherwise relieves accounting department
of clerical work and minor ...