Isela Dimery v. Reliance Standard Life Ins

MEMORANDUM

As an employee of Genentech, Inc., Plaintiff Isela Dimery (“Dimery”) was a participant in The Genentech, Inc. Group Long Term Disability Insurance Program (“Plan”). The Plan is governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). Defendant Reliance Standard Life Insurance (“Reliance”) is the administrator and fiduciary of the Plan. Reliance denied Dimery’s continued long-term disability benefits under the Plan. Dimery filed a complaint for judicial review under 29 U.S.C. § 1132 . The district court, reviewing for abuse of discretion, granted summary judgment in favor of Reliance. Dimery timely appealed. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1.Under both the Summary Plan Description (“SPD”) and the applicable ERISA regulations, Reliance was required to render a decision in Dimery’s administrative appeal within forty-five days, or to provide notice that additional time was required due to special circumstances before the initial forty-five day period expired. 29 C.F.R. § 2560.503-1 (i)(1)(i), (i)(3)(i). In correspondence with Dimery, Reliance notified her that it was seeking an independent medical evaluation, but did not…