Atkinson

Atkinson v. Metropolitan Life Insurance

Good Law
270 F. App'x 634
United States Court of Appeals for the Ninth CircuitMarch 19, 2008No. 06-16026California355 words

Opinion

Lead Opinion

MEMORANDUM **

Kerry Atkinson appeals the district court’s grant of summary judgment in favor of Metropolitan Life Insurance Com *635 pany and AT&T Long Term Disability Plan for Management Employees (collectively, “AT&T”). The court affirmed the denial of Atkinson’s claim for disability benefits, which is governed by the Employee Retirement Income- Security Act (“ERISA”), 29 U.S.C. § 1001 et seq.

This court reviews the district court’s grant of summary judgment de novo. See Taft v. Equitable Life Assurance Soc’y, 9 F.3d 1469 , 1471 (9th Cir.1993). The appeal presents two issues: (1) did the district court apply the correct standard of review in affirming AT&T’s denial of Atkinson’s claim; and (2) should the grant of summary judgment in favor of AT&T be affirmed?

We answer both questions in the affirmative. The district court correctly reviewed AT&T’s denial of benefits for abuse of discretion. Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955 (9th Cir.2006). Atkinson’s argument that the court should have reviewed the denial de novo lacks merit as she has not shown that the administrator “engage[d] in wholesale and flagrant violations of the procedural requirements of ERISA.”…

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