[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-14346 ELEVENTH CIRCUIT
MAY 20, 2011
Non-Argument Calendar
JOHN LEY
________________________
CLERK
D.C. Docket No. 6:09-cv-00840-GAP-GJK
PATRICIA ELWOOD,
Plaintiff-Appellant,
versus
AT&T, INC.
Defendant,
SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.,
AT&T UMBRELLA BENEFIT PLAN NO. 1 - AT&T
DISABILITY INCOME PROGRAM,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(May 20, 2011)
Before EDMONDSON, PRYOR and COX, Circuit Judges.
PER CURIAM:
Patricia Elwood filed this action seeking recovery of short-term disability
benefits and long-term disability benefits under an employee welfare benefit plan
governed by ERISA. See 29 U.S.C. § 1132(a)(1)(B).
The district court granted the Defendants' motion for summary judgment,
having concluded, after review, that the claims administrator's decision to terminate
short-term disability benefits was not "wrong," i.e., one the court disagreed with.
Elwood appeals.
Elwood argues that the district court erred because: (1) the weight of the
evidence was that the claims administrator's decision was not only wrong, but
arbitrary and capricious; and (2) the claims administrator's decision was arbitrary and
capricious because of its failure to have the claim reviewed by a neuropsychologist,
contrary to ERISA regulations, and in disregard of its own peer reviewer.
Having carefully considered the matter, we find no error. Th e district court's
order on summary judgment (R. 39) addresses the arguments now made on appeal,
and rejects them. We find no error in either the district court's analysis of these
arguments or its decision to reject them.
AFFIRMED.
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