Raymond Pollock v. Northrop Grumman Health Plan

MEMORANDUM

Raymond Pollok appeals from the district court’s findings of fact and conclusions of law following a bench trial in his claim for long-term disability benefits under an insurance policy governed by ERISA. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm the district court.

The district court’s factual findings were not clearly erroneous. See Pannebecker v. Liberty Life Assurance Co. of Boston, 542 F.3d 1213, 1217 (9th Cir.2008), It was not “illogical, implausible, or without support ... in the record” for the district court to find that: (1) the Northrop Grumman Health Plan (“the Plan”) was in effect and available to Pollok when he became disabled; (2) there was only one “Benefits Online” website containing the Summary Plan Description (“SPD”); (3) the SPD vested discretionary authority in Unum as the Plan’s administrator; and (4) the SPD provided that benefits payments could be offset against certain benefits received from other sources. See United States v. Hinkson, 585 F.3d 1247, 1251 (9th Cir. 2009) (en banc).

Nor were the district court’s legal conclusions in error. See Pannebecker, 542 F.3d at 1217 . The Plan vested discretionary authority in the…