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any information which showed that Plaintiff was disabled. In addition, the Defendant

improperly asserted that additional requirements, that were not in the plan, needed to be

complied with before it could determine that Plaintiff was eligible for benefits.

The Defendant’s actions were contrary to the applicable provisions of ERISA and

its termination of Plaintiff’s benefits was not only wrong, but unreasonable. The Plaintiff

is entitled to all benefits from the date they were terminated to the present as well as a

decree ordering the Defendant to continue paying her benefits until she reaches sixty-five

years of age.

The Plaintiff, Sharon Wolf, began working for Delta Airlines, Inc. as a

reservations agent in 1972. Delta Airlines, Inc. offers a group benefit plan1 to all of its

employees which includes a disability plan. The plan is administered by the Defendant,

Delta Family-Care Disability an Survivorship Plan (hereinafter “Delta”). The purpose of

the disability plan is to provide a monthly benefit check to an employee in the event that

she becomes disabled and unable to work in any occupation2.

On June 18, 1993, Ms. Wolf was involved in an automobile accident. Ms. Wolf

sustained injuries to her spine which were degenerative in nature and caused her

continuous pain3. Ms. Wolf managed to work through the pain for awhile, but her

condition deteriorated to the point that she has been unable to work since March 7, 1994.

Since she could no longer earn a living, Ms. Wolf applied for short-term disability

1 2 The Delta Family-Care Disability and Survivorship Plan (hereinafter “ Plan”) is attached as . “The Employee shall be eligible for Long Term Disability provided he is disabled at that time as a result of demonstrable injury or disease (including mental or nervous disorders) which will continuously and totally prevent him from engaging in any occupation whatsoever for compensation or profit, including part-

time work.” Plan § 4.03.


Ms. Wolf eventually required and underwent back surgery.


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