Page

Page v. Life Insurance Co. of North America

Good Law
305 F. App'x 318
United States Court of Appeals for the Ninth CircuitNovember 3, 2008No. 07-55486California413 words

Opinion

Lead Opinion

MEMORANDUM **

Page’s long-term disability plan imposed a 24-month limitation on benefits for conditions “caused by, or contributed to by,” anxiety disorders, mental illness, or depressive disorders, among other things. The district court’s conclusion that Page’s “condition was caused by or contributed to by anxiety, depression and/or mental illness” is not clearly erroneous. See Fed. R.Civ.P. 52(a)(6); Deegan v. Continental Cas. Co., 167 F.3d 502 , 509 (9th Cir.1999). Doctors Sperling, Yamane, Gill, Benincasa, and Mekjian all concluded that Page was disabled, at least in part, as a result of mental illness or depression. Although Page places particular weight on Mekjian’s report, that report likewise concluded that Page was disabled due to both psychiatric and neuropsychological conditions.

In reaching its conclusion, the district court did not err in giving little weight to medical opinions regarding Page’s physical conditions that were predicated on Page’s self-reported symptoms. The district court adopted this approach because it found that her “subjective complaints are inconsistent and lack credibility” and that “[t]he medical records contained only minor objective…

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