Sanders v. AT&T ( 2007 )


Menu:
  •                                                              United States Court of Appeals
    Fifth Circuit
    F I L E D
    UNITED STATES COURT OF APPEALS
    FIFTH CIRCUIT                           May 2, 2007
    Charles R. Fulbruge III
    Clerk
    No. 06-30847
    Summary Calendar
    WANDA SANDERS,
    Plaintiff-Appellant,
    versus
    AT&T; METROPOLITAN LIFE INSURANCE COMPANY,
    Defendants-Appellees.
    Appeal from the United States District Court
    for the Eastern District of Louisiana
    (2:05-CV-2633)
    Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
    PER CURIAM:*
    Wanda     Sanders   appeals     the    summary     judgment     awarded
    Metropolitan Life Insurance Company (MetLife) on her termination-
    of-benefits claim under the Employee Retirement Income Security Act
    (ERISA), 29 U.S.C. § 1001 et seq.      (She does not appeal the summary
    judgment awarded AT&T.)
    As an active employee at AT&T, Sanders took medical leave, for
    a mental disability, under its short-term-disability benefits plan.
    AT&T was the plan administrator; MetLife, the claims administrator.
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that
    this opinion should not be published and is not precedent except
    under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
    A medical evaluation of Sanders’ case, performed on behalf of
    MetLife    toward    the   end   of   the   52    week   period   of   short-term
    benefits, concluded that Sanders was not capable of returning to
    work.     Based on MetLife’s finding her disabled under the plan,
    Sanders was no longer considered an active employee of AT&T upon
    expiration of the 52 week period.
    Sanders filed a claim for long-term-disability benefits, which
    was granted.        Several months later, however, MetLife terminated
    those benefits after determining Sanders did not qualify for them.
    Sanders unsuccessfully administratively appealed the termination.
    In May 2005, Sanders filed this action for, inter alia,
    damages against AT&T and MetLife, pursuant to ERISA, claiming,
    inter   alia,   the    administrator        had   abused   its    discretion   in
    terminating her benefits.             The district court awarded summary
    judgment to AT&T and MetLife.
    A summary judgment is reviewed de novo, viewing the record in
    the light most favorable to the non-movant and applying the same
    standards as did the district court.              FED. R. CIV. P. 56(c); e.g.,
    Bolton v. City of Dallas, 
    472 F.3d 261
    , 263 (5th Cir. 2006).                Such
    judgment is proper if the pleadings and discovery on file show
    there is no genuine issue as to any material fact and the movant is
    entitled to judgment as a matter of law.                 FED. R. CIV. P. 56(c);
    e.g., Celotex Corp. v. Catrett, 
    477 U.S. 317
    , 322 (1986).
    2
    “When[,    as   here,]       ...    the    language    of   the   plan   grants
    discretion to an administrator to interpret the plan and determine
    eligibility for benefits, a court will reverse an administrator’s
    decision only for abuse of discretion.”                 High v. E-Systems Inc.,
    
    459 F.3d 573
    , 576 (5th Cir. 2006).                 “The law requires only that
    substantial     evidence     support        a    plan   fiduciary’s       decisions,
    including   those    to    deny    or     to    terminate   benefits,      not   that
    substantial evidence (or, for that matter, even a preponderance)
    exists to support the employee’s claim of disability.”                     Ellis v.
    Liberty Life Assur. Co. of Boston, 
    394 F.3d 262
    , 273 (5th Cir.
    2004).
    Sanders claims MetLife, as claims administrator, conducted
    only a limited review of her record, and “cherry picked” it to
    justify the termination of benefits.               Essentially for the reasons
    stated by the district court in its well-reasoned and thorough
    opinion, MetLife did not abuse its discretion in terminating
    Sanders’      long-term      benefits.              A    plan      administrator’s
    reconsideration of its prior decision is sufficient to meet ERISA’s
    “full and fair review” requirement.                Sweatman v. Commercial Union
    Ins. Co., 
    39 F.3d 594
    , 598 (5th Cir. 1994).                      MetLife met this
    requirement     by   reviewing          Sanders’    medical      files,   obtaining
    independent medical review, reviewing the claim following appeal,
    and obtaining review by physician consultants in addition to the
    one who initially reviewed the claim.
    3
    Any remaining claims were not raised in district court.
    Accordingly, we decline to review them.   E.g., Terrell Equip. Co.
    Inc. v. Comm’r of Internal Revenue, 
    343 F.3d 478
    , 482 n.11 (5th
    Cir. 2003).
    AFFIRMED
    4
    

Document Info

Docket Number: 06-30847

Judges: Davis, Barksdale, Benavides

Filed Date: 5/2/2007

Precedential Status: Non-Precedential

Modified Date: 11/5/2024