Oldoerp v. Wells Fargo & Co. Long Term Disability Plan

Kerilei Oldoerp, who was covered by the Wells Fargo & Company Long Term Disability Plan (“Plan”), a Plan insured and administered by Metropolitan Life Insurance Company (“MetLife”), brought this action when she was denied long term disability benefits. She appeals the district court’s determination that the benefits were properly denied. We reverse and remand.

The district court decided this matter by applying an abuse of discretion standard to MetLife’s decision. However, unless the Plan conferred discretion upon MetLife, review should have been de novo. See Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115 , 109 S.Ct. 948, 956-57 , 103 L.Ed.2d 80 (1989); see also Metro. Life Ins. Co. v. Glenn, 554 U.S. 105, 111 , 128 S.Ct. 2343, 2348 , 171 L.Ed.2d 299 (2008). On the record before us, the Plan, by its terms, was made up of the group policy, the Certificate of Insurance, and amendments or endorsements to the group policy. There is no indication that any one of those documents confers discretion upon MetLife. The Summary Plan Description (“SPD”) and a document referred to as additional information did indicate that MetLife has discretionary authority. However, the Supreme…