“Boxell V. Plan For Group Ins. Of Verizon Communications” (Not Duplicate; It’s A Follow-Up Case)
“Boxell v. Plan for Group Ins. of Verizon Communications”
2015 U. S. LEXIS 94332 (N. D. Ind., July 21, 2015)
This is the follow-up decision of the Boxell decision discussed above. After Ms. Boxell’s claim was remanded to MetLife, we submitted additional evidence and Ms. Boxell’s benefits were retroactively reinstated. We also filed a motion for attorneys fees. In our experience, claims for attorney’s fees following decisions in ERISA lawsuits are usually resolved by negotiations between the parties. But for Ms. Boxell’s claim, the plan and its attorneys argued that Ms. Boxell was not entitled to an award of fees, but that it was. Since the plan had a counterclaim against Ms. Boxell for an overpayment reimbursement based on Ms. Boxell’s award of Social Security Disability benefits, the plan also sought fees. Therefore, the parties filed motions, submitted evidence, and argued their respective positions. After analyzing the issues the district court awarded Ms. Boxell $90,285.49 in fees and costs and awarded the plan $2,796.75 in fees and costs.