Beaty

MEMORANDUM **

Joni Beaty appeals the district court’s judgment denying her benefits under an employee long term disability insurance plan (“LTDP”) insured by defendant Prudential Insurance Company. The plan is governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 , et xeq. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand for further proceedings.

I.

Where, as here, the plan does not give the plan administrator discretionary authority to determine eligibility for benefits or to construe the terms of the plan, we review the administrator’s disability determination de novo. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989); Gilliam v. Nevada Power Co., 488 F.3d 1189, 1193 (9th Cir.2007).

The district court denied Beaty’s claim on the basis of its finding that she is not “permanently disabled.” Under the terms of the LTDP, however, she is entitled to benefits if she is not able to perform “the material and substantial duties of [her] occupation.” The district court made no finding with respect to this standard and it did not examine evidence bearing on it. The denial of…