Cheryl Leslie v. United of Omaha Life Insurance

MEMORANDUM

Cheryl Leslie appeals the district court’s judgment, after a trial on the administrative record, in her action under the Employee Retirement Income Security Act (“ERISA”). Leslie challenges the denial of her long-term disability benefits claim under her employer’s plan with United of Omaha Life Insurance Company (“Unib-ed”). We have jurisdiction under 28 U.S.C. §. 1291, and we affirm the district court’s judgment.

This court reviews a denial of ERISA benefits de novo, Saffon v. Wells Fargo & Co. Long Term Disability Plan, 522 F.3d 863, 866 (9th Cir. 2008), and reviews the district court’s underlying findings of fact for clear error, Silver v. Exec. Car Leasing Long-Term Disability Plan, 466 F.3d 727, 733 (9th Cir. 2006) (citing Kearney v. Standard Ins. Co., 175 F.3d 1084, 1095 (9th Cir. 1999) (en banc)). “Review under the clearly erroneous standard is significantly deferential, requiring for reversal a definite and firm conviction that a mistake has been made.” United States v. Asagba, 77 F.3d 324, 326 (9th Cir. 1996) (citing Concrete Pipe & Prods. of Cal., Inc. v. Constr. Laborers Pension Tr., 508 U.S. 602, 623 , 113 S.Ct. 2264 , 124 L.Ed.2d 539 (1993)).

1. The…