Jonathan Rivkin v. the Union Central Life Insurance

MEMORANDUM

Dr. Jonathan Rivkin appeals the district court’s grant of summary judgment in favor of The Union Central Life Insurance Company. We review de novo, Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 962 (9th Cir.2006) (en banc), and reverse.

Union Central’s plan pays two kinds of benefits relevant to this case: a “Total Disability Benefit” and a “Residual Disability Benefit.” When Rivkin’s monthly income does not exceed 20 percent of his pre-disability monthly income, he receives the Total Disability Benefit. By contrast, when Rivkin’s monthly income does exceed this 20 percent threshold, he receives the Residual Disability Benefit. To calculate the Residual Disability Benefit, the administrator must first calculate Rivkin’s Total Disability Benefit and must then subtract half of Rivkin’s monthly income. To calculate the Total Disability Benefit, the administrator begins with 40 percent of Riv-kin’s pre-disability monthly income and then subtracts certain “Other Income Reductions” that are defined by the plan. The plan defines “Other Income Reductions” as follows:

Consistent with this definition, the plan enumerates nine such reductions, including unemployment…