Rosalie Moos-Holling v. Bayer Corporation Disability Plan

MEMORANDUM

Rosalie Moos-Holling appeals from the district court’s grant of summary judg ment to Bayer Corporation Disability Plan (“BCDP”) following the termination of her long-term disability (“LTD”) benefits. Following an injury at home, Moos-Holl-ing was awarded LTD benefits effective March 1, 2003. Those benefits terminated November 30, 2005 for failure to provide medical documentation relating to her continuing disability. The district court upheld the termination of benefits, and we affirm.

The grant of summary judgment and the district court’s “choice and application of the standard of review to decisions by ERISA fiduciaries” are reviewed de novo. Nolan v. Heald Coll., 551 F.3d 1148, 1153 (9th Cir.2009) (internal quotation omitted). A denial of benefits is reviewed de novo “unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan.” Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989). Such a grant of discretion was present in this case. Therefore, the decision terminating benefits is reviewed for an abuse of discretion. The…