Graeber

MEMORANDUM *

Roger Graeber appeals the district court’s grant of summary judgment in favor of eight named defendants (“Defendants”) in his suit brought pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”) challenging the termination of his long term disability benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Because the ERISA plan at issue here unambiguously provided that Voluntary Plan Administrators, Inc. (“VPA”) had discretion to determine a claimant’s eligibility for benefits and construe the terms of the plan, the district court correctly reviewed VPA’s decision for an abuse of discretion. Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 963 (9th Cir.2006) (en banc) (citing Firestone Tire and Rubber Co. v. Bruch, 489 U.S. 101, 115 , 109 S.Ct. 948 , 103 L.Ed.2d 80 (1989)). Additionally, VPA committed no procedural violations which would warrant de novo review of its decision. See id. at 972.

The district court also correctly held that VPA did not abuse its discretion by denying Graeber’s claim for benefits. First, although the district court did not have the benefit of Abatie at the time it made its decision, remand is…