Sayegh

MEMORANDUM *

Appellant (“Sayegh”) appeals the decision of the district court granting summary judgment to appellees (“Metropolitan”). The district court upheld Metropolitan’s denial of Sayegh’s claim for long term disability benefits under Metropolitan’s plan, which is governed by the Employee Retirement Income Security Act, 29 U.S.C. § 1001 , et seq. (ERISA). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand to the district court with instructions to grant Sayegh benefits due.

We review de novo the district court’s choice of the standard of review and its application of that standard to decisions by fiduciaries in the ERISA context. Lang v. Long-Term Disability Plan Of Sponsor Applied Remote Tech., Inc., 125 F.3d 794 , 797 (9th Cir.1997). In this case, however, the plan administrator pays claims out of *883 its own assets and thereby operates under an inherent conflict of interest. Id. When an inherent conflict of interest exists, the affected beneficiary is given the opportunity to produce material, probative evidence tending to show that the fiduciary’s self interest caused a breach of duty to the beneficiary. Id. at 797-98. If the beneficiary produces…