Ermovick v. Mitchell Silberberg & Knupp LLP Long Term Disability for All Employees

MEMORANDUM

James Ermovick (“Ermovick”) appeals the district court’s judgment in favor of Mitchell, Silberberg & Knupp, LLP, Long Term Disability Coverage for All Employees (“the Plan”), a plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), after a trial on the administrative record, in which the district court concluded that Ermovick was not eligible for benefits. Ermovick argues: (1) that the administrative record did not support the district court’s conclusion, (2) that the district court applied a test for “disability” not found in the Plan, and (3) that the district court did not accord Ermovick a “full and fair review” as purportedly required by ERISA. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Ermovick filed a claim in the district court after Prudential Insurance Company of America (“Prudential”), which insured and administered the Plan, determined that Ermovick was not disabled under the Plan. The Plan stated that “[ajfter 24 months of payments, you are disabled when Prudential determines that due to the same sickness or injury, you are unable to perform the duties of any gainful occupation for which you are reasonably fitted…