Mobayen

Shahla Mobayen (“Mobayen”) appeals the district court’s order upholding the determination of Standard Insurance Company (“Standard”) to limit recovery of her long term disability benefit payments under the Gambro, Inc. Long Term Disability Insurance Plan, an employee benefit plan governed by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 , et seq. (“ERISA”). We have jurisdiction under 28 U.S.C. § 1291 . “We review de novo the district court’s choice and application of the standard of review to decisions by ERISA fiduciaries, and we review for clear error its underlying findings of fact.” Pannebecker v. Liberty Life Assur. Co. of Boston, 542 F.3d 1213, 1217 (9th Cir.2008) (citing Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 962 (9th Cir.2006) (en banc)). We affirm the district court’s decision finding that Standard did not abuse its discretion in making its disability determination.

Standard determined that Mobayen was disabled due to fibromyalgia, a condition for which her group policy provided benefit payments for up to 18 months because the policy defined fibromyalgia as a limited condition. The record demonstrates that Standard conducted six…