Baida

MEMORANDUM **

Joanna Baida (“Baida”) filed suit against First Unum Life Insurance Company, et al. (“Unum”) pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), claiming she is entitled to long-term disability benefits under the Diversified Agency Services Group Benefits Plan (“the Plan”). After a bench trial, the district court entered judgment in favor of Unum. Because the parties are aware of the facts of this case, we do not recount them here. AVe have jurisdiction under 28 U.S.C. § 1291 . Reviewing de novo the district court’s choice and application of the standard of review to decisions by fiduciaries in ERISA cases, Lang v. Long-Term Disability Plan of Sponsor Applied Remote Tech., Inc., 125 F.3d 794 , 797 (9th Cir.1997), we affirm.

The Plan contains an unambiguous grant of discretion to the fiduciary or administrator of the Plan to determine a claimant’s eligibility for benefits. The district court therefore correctly reviewed Unum’s decision to deny Baida’s claim for an abuse of discretion. See Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989); see also Abatie v. Alta Health & Life Ins. Co., 458 F.3d…