Richard Kludka v. Qwest Disability Plan

MEMORANDUM

Petitioner Richard Kludka appeals the district court’s order denying his summary judgment motion, and granting Defendants’ summary judgment motion, regarding his long-term disability benefits under the Qwest Disability Plan (“Plan”). Qwest Communications International, Inc., (“Qwest”) funds the Plan but has delegated administrative responsibilities to Qwest Disability Services (“QDS”). On appeal, Kludka argues that the district court chose the wrong standard of review and that QDS abused its discretion when it denied his long-term disability benefits. We conclude that procedural irregularities committed by QDS, combined with an erroneous factual finding, warrant remand for the district court to reconsider whether QDS abused its discretion when it denied Kludka’s claim for disability benefits.

We review a district court’s grant of summary judgment de novo. Nolan v. Heald College, 551 F.3d 1148, 1153 (9th Cir.2009). In ERISA cases, we also review a district court’s chosen standard of review de novo. Id. In the absence of a conflict of interest, judicial review of a plan administrator’s benefits determination involves a “straightforward application” of the abuse of…