Wirries

MEMORANDUM *

Reliance Standard Life Insurance Company appeals the district court’s ruling reversing Reliance’s decision to terminate benefits to Dama Wirries. We affirm in part, reverse in part, and remand to the district court for further proceedings.

The district court erred in reviewing Reliance’s denial of benefits de novo because the plan unambiguously provided the plan administrator with discretionary authority to interpret the plan and determine eligibility. See Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989); Kearney v. Standard Ins. Co., 175 F.3d 1084, 1090 (9th Cir.1999)(en banc). Therefore, Reliance’s determinations should be reviewed for abuse of discretion.

The district court also erred to the extent that it relied on the treating physician rule. See Black & Decker Disability Plan v. Nord, 538 U.S. 822, 834 , 123 S.Ct. 1965 , 155 L.Ed.2d 1034 (2003) (holding that “courts have no warrant to require administrators automatically to accord special weight to the opinions of a claimant’s physician”).

The district court did not err, however, when it determined that Wirries was not required to file a separate claim regarding…