U.S. Court of Appeals for the Fifth Circuit, 2006

Evans v. Metropolitan Life Insurance

Evans v. Metropolitan Life Insurance
U.S. Court of Appeals for the Fifth Circuit · Decided January 13, 2006 · Jolly, Higginbotham, Smith
161 F. App'x 431

Evans v. Metropolitan Life Insurance

Opinion

PER CURIAM: *

Susan Evans sued her employer and related entities, and the plan administrator, under ERISA, claiming entitlement to long term disability benefits that the plan administrator had decided should be discontinued because Evans was no longer disabled under terms of the plan. She thus could not continue receiving benefits under the “any gainful work or service” test in the plan.

The district court, in a comprehensive and thoughtfid 51-page Memorandum and Order entered on July 15, 2004, granted summary judgment on the claim for wrongful termination of benefits after deciding that the plan administrator did not abuse its discretion in denying continuation. Evans appeals pro se.

We have reviewed the briefs and pertinent portions of the record. We AFFIRM, essentially for the reasons carefully explained by the district court.

*

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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