Usaa

MEMORANDUM

Carol Molanick appeals pro se from the district court’s judgment in her action alleging that United Services Automobile Association (“USAA”) violated the Employee Retirement Income Security Act (“ERISA”) by denying her claims for short-term disability benefits. We have jurisdiction under 28 U.S.C. § 1291 . Where an ERISA plan grants discretionary authority to determine eligibility for benefits or to construe the terms of the plan, we review for an abuse of discretion the administrator’s interpretation of the plan, and de novo the district court’s application of this standard. Tapley v. Locals 302 & 612 of the Int’l Union of Operating Eng’rs-Emp’rs Constr. Indus. Ret. Plan, 728 F.3d 1134, 1139 (9th Cir. 2013). We affirm.

Because Molanick failed to establish circumstances that warranted giving any conflict of interest greater weight, the district court properly reviewed USAA’s decision for an abuse of discretion. See Harlick v. Blue Shield of Cal., 686 F.3d 699, 707 (9th Cir. 2012) (explaining abuse of discretion review is “tempered by skepticism when the plan administrator has a conflict of interest,” and outlining circumstances when conflict is given more or less…