Plaintiff Elizabeth Stone brings this action to collect benefits allegedly owing to her under the Employee Benefit Plan (the "Plan") of her former employer, Clarian Health Partners, Inc. ("Clarian"). Her complaint arises under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq. In it, Ms. Stone contends that the Plan wrongfully denied her claim for disability benefits, despite her havig provided "significant medical proof of her disability..." (Compl. 14.)
On June 1, 2005, the Plan moved to remand Ms. Stone's complaint, arguing that she filed the complaint before the expiration of the claim administrator's time to decide her claims. Ms. Stone responded to the motion on September 1, 2005, with a reply brief filed on September 16, 2005. The motion therefore is fully briefed and ripe for determination.