Miller v. Verizon Long Term Disability Plan

*620 MEMORANDUM **

Frances T. Miller appeals the district court’s dismissal of her suit against Verizon for long term disability benefits. The parties are familiar with the facts of the case, and we repeat them here only to the extent necessary. We review the district court’s order dismissing Miller’s case de novo. See Bassiri v. Xerox Corp., 463 F.3d 927, 929 (9th Cir.2006). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court dismissed Miller’s case on two alternative grounds: (1) that Miller had not filed her lawsuit against Verizon within the limitations period outlined in Verizon’s Long Term Disability Plan (“Long Plan”), and (2) that Miller had not timely filed her notice and proof of claim for long term disability benefits with Verizon. Because we conclude that the district court properly dismissed Miller’s lawsuit on the first ground, we need not reach the second ground.

The Long Plan requires that legal action be filed no less than ninety days after proof of a claim was filed and no more than three years after proof of a claim was required. Under the terms of the Long Plan, proof of Miller’s claim was required to be filed by November 23,…