Orfescu

MEMORANDUM *

Suzanne Orfescu appeals the district court’s partial denial of long-term disability benefits and denial of attorney’s fees. We have jurisdiction under 28 U.S.C. § 1291 . We affirm both decisions.

First, we reject Orfescu’s contention that the district court erred in concluding that she was not disabled from May 1999 until November 12, 1999 but was disabled from November 13, 1999 until March 14, 2000, and then not disabled thereafter.

To be entitled to long-term disability benefits under her policy, Orfescu had to demonstrate that she is unable to perform “for wage or profit the material and substantial duties of any job for which [she is] reasonably fitted by [her] education, training or experience.”

We find no error in the district court’s conclusion that no medical evidence demonstrated that Orfescu was “totally disabled” before November 13, 1999 or after March 14, 2000.

Prior to November 13, 1999, the only evidence of Orfescu’s disability was Prudential’s letter to Dr. Kazanehian, Jeff Gordon’s employability evaluation, and Dr. Kazanchian’s letters and reports. Prudential’s letter indicates that as of February 1999, Dr. Kazanehian believed Orfescu could return…