Cremin

MEMORANDUM **

Michael Cremin appeals the district court’s entry of judgment in favor of the McKesson Corporation Employees’ Long Term Disability Plan (the “Plan”) and Liberty Life Assurance Company of Boston (“Liberty”) in his action for long-term disability benefits under the Employee Retirement Income Security Act of 1974. The district court held that Cremin had not established his eligibility for benefits under the terms of the Plan and upheld Liberty’s decision as plan administrator to terminate his benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Background

Liberty terminated Cremin’s long-term disability benefits in 2002 and completed an administrative appeal affirming its decision later that year. Cremin then filed an action in the district court seeking reinstatement of benefits, and the district court remanded to Liberty for additional factual investigation. Liberty completed a supplemental investigation and again upheld its denial. Cremin then filed the present action. He contends that by refusing to provide him with a new administrative appeal after its decision on remand from the district court, Liberty denied him a “full and fair review”…