Chellino
Chellino v. Kaiser Foundation Health Plan, Inc.
Opinion
Lead Opinion
*165 MEMORANDUM **
Marie Chellino appeals the district court’s order granting summary judgment in favor of Kaiser Foundation Health Plan, Inc. (“Kaiser”) in her action challenging the decision by Aetna Life Insurance Company (“Aetna”) to terminate her long-term disability benefits under the Kaiser Permanente Welfare Benefits Plan (“Plan”). We reverse the grant of summary judgment and remand to the district court to enter summary judgment in favor of Chellino and to order the reinstatement of her long-term disability benefits.
I
We review “a district court’s ‘choice and application’ of the appropriate standard for reviewing benefits decisions by an ERISA plan administrator” de novo. Sznewajs v. U.S. Bancorp Amended & Restated Supplemental Benefits Plan, 572 F.3d 727, 732 (9th Cir.2009) (quoting Pannebecker v. LibeRy Life Assurance Co. of Boston, 542 F.3d 1213, 1217 (9th Cir.2008)). Although the district court otherwise recognized the correct standard of review, it should not have relied on Jordan v. Nothrop Grumman Corp. Welfare Benefit Plan, 370 F.3d 869 (9th Cir.2004), for the proposition that it was required to uphold Aetna’s decision if there was “any reasonable basis” for…