Neathery

MEMORANDUM **

This case arises out of the denial of Plaintiff-Appellant Teresa Neathery’s (“Neathery”) claim for insurance benefits resulting from the death of her husband, Robert Neathery. Robert Neathery was insured under his employer’s welfare benefit plan, which provided accidental death insurance coverage under two policies issued by Life Insurance Company of North America (“LINA”). Once her administrative remedies were “deemed exhausted,” see 29 C.F.R. § 2560.503-1(l), Neathery brought suit under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. Section 1001 , et seq., in the United States District Court for the Southern District of California.

The district court affirmed LINA’s findings, relying in large part on a report by LINA’s expert, Dr. Lewis (“Lewis Report”). ER 50-67. Neathery argues that the administrative record closed on September 20, 2005 — the date LINA’s appeal was due to be decided under the ERISA deadlines — and that the Lewis Report, which was presented several months after that date, was inadmissible as part of the administrative record subject to review. See 29 C.F.R. § 2560.503 -l(i)(l)(i), (l). The passing of ERISA deadlines…