Oldoerp

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. INTRODUCTION

This action began in November 2008 when Kerilei Oldoerp sued Wells Fargo & Company Long Term Disability Plan and Metropolitan Life Insurance Company (“MetLife”), challenging the denial of her claim for long-term disability benefits. Following a bench trial in 2011, an order was issued finding that MetLife had not abused its discretion in denying Oldoerp’s claim. The order applied an “abuse of discretion” standard because certain Met-Life Summary Plan Description (SPD) documents confer significant discretionary authority upon MetLife. See Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989) (courts review denial of benefits “under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan.”). Subsequent to that decision, the Supreme Court in a separate action determined that extraneous documents, like SPDs, “[are] not [themselves] part of the plan.” CIGNA Corp. v. Amara, — U.S. —, 131 S.Ct. 1866 , 179 L.Ed.2d 843 (2011). Accordingly, in this case, the Ninth Circuit…