Hawkins-Dean

MEMORANDUM DECISION

This matter came before the Court on remand from the Ninth Circuit to apply the standards articulated in Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955 (9th Cir.2006) (en banc). Having considered the papers filed in connection with this matter, the Court has reached the following conclusions:

I. Facts and Procedural History

This is the third action relating to these parties, facts, and this ERISA (“Employee Retirements Income Security Act of 1974,” 29 U.S.C. § 1001 ) claim. In 1999, Plaintiff Peggy Hawkins-Dean was diagnosed by her treating physician with fibromyalgia, a painful muscle condition that left her extremely fatigued and unable to work. In 1999, Plaintiff filed a claim for long-term disability (“LTD”) benefits provided by her former employer, Robert Half International. Soon thereafter, in 2000, Defendant Metropolitan Life Insurance Company (“MetLife”) denied Plaintiffs claim.

In October of 2001, Plaintiff brought an action challenging Defendant’s denial of her LTD benefits. . The Court eventually granted summary judgment in Plaintiffs favor on the issue of liability (MetLife had essentially conceded this point by placing Plaintiff on “pay…