Scherr
Scherr v. Fleetboston Financial Corp. Group Long Term Disability Plan
Opinion
Lead Opinion
MEMORANDUM **
Gregory Scherr appeals Liberty Life Assurance Company of Boston’s denial of long term disability benefits. We affirm.
Both Metropolitan Life Insurance Co. v. Glenn, — U.S.-, 128 S.Ct. 2343, 2346 , 171 L.Ed.2d 299 (2008), and Abatie v. Alta Health & Life Insurance Co., 458 F.3d 955, 959 (9th Cir.2006) (en banc), hold that an ERISA plan administrator’s structural conflict of interest is considered as a factor in determining whether it abused its discretion. It was considered.
The district court did not err in discounting the importance of Liberty’s structural conflict of interest, because Liberty used truly independent doctors and a neutral review process. Abatie, 458 F.3d at 969 n. 7. Giving the three independent doctors the full background, including notes from both treating and consulting-doctors, does not raise an inference of bias. Cf. Glenn, 128 S.Ct. 2343, 2352 (2008) (suggesting that failing to provide independent experts with all relevant information is a “serious concern”).
The Social Security determination is not binding on Liberty. See Madden v. ITT Long Term Disability Plan for Salaried Employees, 914 F.2d 1279, 1285-86 (9th Cir.1990). Liberty does not…