Miller v. Verizon Wireless Short Term Disability Plan

MEMORANDUM *

*881 Frances Miller appeals the district court’s grant of summary judgment to Verizon Wireless Short Term Disability Plan (“Verizon”) in her action for short-term disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. She contends that Verizon’s claims administrator, Kemper National Services, Inc. (“KNS”), abused its discretion when it granted Miller short-term disability benefits for a two-week period, but otherwise denied her claim. 1 We have jurisdiction under 28 U.S.C. § 1291 . Reviewing de novo the district court’s grant of summary judgment, Jordan u Northrop Grumman Corp. Welfare Benefit Plan, 370 F.3d 869, 874 (9th Cir.2004), we affirm.

Miller’s primary argument on appeal is that KNS abused its discretion when it failed to follow up on a request by its consulting physician, Dr. Mendelssohn, for additional testing and documentation. This contention is without merit. In her peer review report, upon which Miller relies, Dr. Mendelssohn did not request additional documentation; she stated simply that a determination of disability was not possible, except for the three weeks from August 20 through September…