Case: 12-11423 Date Filed: 08/14/2013 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 12-11423
________________________
D.C. Docket No. 1:10-cv-03231-CAP
MARY CRAIG,
Plaintiff-Appellant,
versus
METROPOLITAN LIFE
INSURANCE COMPANY,
Defendant-Appellee.
___________________________
Appeal from the United States District Court
for the Northern District of Georgia
____________________________
(August 14, 2013)
Before BARKETT, JORDAN, and RIPPLE, * Circuit Judges.
PER CURIAM:
*
Honorable Kenneth F. Ripple, United States Circuit Judge for the Seventh Circuit,
sitting by designation.
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Following oral argument, and a careful review of the 1700-page
administrative record, we affirm the district court’s judgment in favor of MetLife
in this ERISA case. The record contains some objective evidence, as well as
several clinical findings, that Ms. Craig suffered from radiculopathy, a disorder for
which long-term disability benefits would not be capped at 24 months. But, as the
district court correctly noted, portions of the record also indicate that she did not
have radiculopathy. For example, Dr. Orr—one of Ms. Craig’s physicians—
acknowledged that none of the EMGs, MRIs, or nerve conduction studies showed
a radiculopathy. On this record, we cannot say that MetLife’s decision was
arbitrary or capricious, even taking into account the conflict of interest created by
MetLife’s dual role as administrator and insurer. See Firestone Tire & Rubber Co.
v. Bruch, 489 U.S. 101, 115 (1989); Metro. Life Ins. Co. v. Glenn, 554 U.S. 105,
114–17 (2008).
We do not address Ms. Craig’s argument that the 24-month limit applies
only if the disabling disorder is both “neuromusculoskeletal and soft tissue” in
nature, see Appellant’s Br. at 20–21, because that argument was not made below in
the motion for judgment or in response to MetLife’s motion for judgment. See,
e.g., In re Pan Am. World Airways, Inc., 905 F.2d 1457, 1461–62 (11th Cir. 1990)
(issues or arguments not presented to the district court generally cannot be raised
on appeal for the first time). We also do not address the assertion that Ms. Craig
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suffers from myelopathy, one of the other exclusions/exceptions to the 24-month
limit for long-term disability benefits. See Appellant’s Br. at 25. We agree with
the district court that Ms. Craig did not present this claim to MetLife during the
administrative process. See Blankenship v. Metro. Life Ins. Co., 644 F.3d 1350,
1354 (11th Cir. 2011) (per curiam) (“Review of the plan administrator’s denial of
benefits is limited to consideration of the material available to the administrator at
the time it made its decision.”).
AFFIRMED.
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