United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 11, 2004
Charles R. Fulbruge III
Clerk
No. 04-30332
Summary Calendar
SANDRA GERHOLD,
Plaintiff-Appellant,
versus
AVONDALE INDUSTRIES, INC. EMPLOYEE BENEFIT PLAN,
also known as Avondale Industries Inc. Health Plan,
also known as Avondale Industries Inc. Group Benefit
Plan, also known as Group Life Insurance Co.; JEFFERSON
PILOT FINANCIAL INSURANCE COMPANY, formerly known as
Guarantee Life Insurance Company,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 02-CV-3386
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Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Sandra Gerhold appeals the district court’s decision
granting the motion for summary judgment filed by Avondale
Industries, Inc. (Avondale) and Jefferson Pilot Financial
Insurance Company (Jefferson Pilot). Gerhold argues that the
Summary Plan Description is the document which governs
eligibility for disability benefits and that it granted exclusive
*
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this opinion should not be published and is not precedent except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.
No. 04-30332
-2-
discretion to the Avondale Committee as Plan Administrator to
determine eligibility for benefits. The Summary Plan Description
expressly provides that it is not the plan and that in the event
of a conflict, the plan document controls. This language is
clear and unambiguous and establishes that it is not the plan
governing eligibility for benefits. Gerhold has not shown that
the district court erred in determining that the long-term
disability insurance policy issued by Jefferson Pilot is the plan
that governs an employee’s eligibility for disability benefits.
Gerhold has not shown that the district court erred in
determining that Jefferson Pilot was a fiduciary under the terms
of the plan and that its decision should be reviewed under the
abuse of discretion standard. The insurance policy gives
Jefferson Pilot discretionary authority over the management of
the plan and discretionary authority to grant, deny, or review
denied claims, and, therefore, the district court did not err in
determining that Jefferson Pilot was a fiduciary. See 29 U.S.C.
§ 1002(21)(A); Reich v. Lancaster, 55 F.3d 1034, 1047 (5th Cir.
1995). Because Jefferson Pilot is the plan fiduciary, the
district court did not err in reviewing its decision under the
abuse of discretion standard. See Meditrust Fin. Servs. Corp. v.
Sterling Chems. Inc., 168 F.3d 211, 213 (5th Cir. 1999).
Gerhold argues that the medical evidence in the
administrative record established that she is totally disabled
and is entitled to disability benefits. A review of the
No. 04-30332
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administrative record indicates that Jefferson Pilot considered
all of the evidence submitted by Gerhold and that its
determination is supported by substantial evidence and should be
affirmed. See id. at 214-15. Jefferson Pilot was not required
to give special deference to the opinion of Gerhold’s treating
physicians. See Black & Decker Disability Plan v. Nord, 538 U.S.
822, 831-34 (2003). The medical evidence indicates that
Gerhold’s Crohn’s Disease improved from October 2001 to December
2001 and that by the end of December 2001, her condition was
stable. Although Dr. Herbert Mayer stated that he believed
Gerhold was disabled, Gerhold’s two other treating physicians,
Dr. William Meyers and Dr. Roger Anatasio, stated that they
believed Gerhold could work as a computer technician for a
different employer under low to moderate stress conditions.
Jefferson Pilot’s denial of disability benefits is supported by
substantial evidence in the administrative record. See
Meditrust, 168 F.3d at 214-15. Therefore, the district court did
not err in granting the motion for summary judgment filed by
Avondale and Jefferson Pilot. See Melton v. Teachers Ins. &
Annuity Ass’n of America, 114 F.3d 557, 559 (5th Cir. 1997).
AFFIRMED.