Borland

MEMORANDUM *

Borland appeals the district court’s grant of summary judgment in favor of Qwest. 1 The district court dismissed Bor-land’s claim that Qwest’s predecessor, U.S. West, improperly denied her claim for long-term disability (“LTD”) benefits under the Employee Retirement Income Security Act (“ERISA”). Borland argues (1) that the district court erred in concluding that Borland did not exhaust her remedies under the LTD plan, and (2) that exhaustion should be excused because the notice of claim denial was inadequate. 2

Although not explicitly set out in ERISA, “[qjuite early in ERISA’s history, we announced as the general rule governing ERISA claims that a claimant must avail himself or herself of a plan’s own internal review procedures before bringing suit in federal court.” Diaz v. United Agric. Employee Welfare Benefit Plan & Trust, 50 F.3d 1478 , 1483 (9th Cir.1995). Here, the appeal process was described to Borland in the claim denial letter, which she received from Kelly Candelaria, an employee with the U.S. West Health Services Group. Borland argues that a fax she sent to Candelaria was sufficient to trigger the internal appeal process, and so the district court…