Evans v. Metropolitan Life Insurance

United States Court of Appeals Fifth Circuit F I L E D In the January 13, 2006 United States Court of Appeals Charles R. Fulbruge III for the Fifth Circuit Clerk _______________ m 04-20731 _______________ SUSAN L. EVANS, Plaintiff-Appellant, VERSUS METROPOLITAN LIFE INSURANCE COMPANY; UNION TEXAS PETROLEUM SERVICES CORPORATION; UNION TEXAS PETROLEUM CORPORATION; UNION TEXAS PETROLEUM ENERGY CORPORATION; UNION TEXAS PETROLEUM HOLDINGS, INC., ALSO KNOWN AS PHILLIPS ALASKA HOLDINGS, INC.; UNION TEXAS PETROCHEMICALS CORPORATION; ATLANTIC RICHFIELD COMPANY, DOING BUSINESS AS ARCO; NETWORK MEDICAL REVIEW COMPANY, LTD., Defendants-Appellees. _________________________ Appeal from the United States District Court for the Southern District of Texas m 4:01-CV-1008 ______________________________ Before JOLLY, HIGGINBOTHAM, and SMITH, Circuit Judges. PER CURIAM:* Susan Evans sued her employer and related entities, and the plan administrator, under ERISA, claiming entitlement to long term dis- ability 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 ser- vice” test in the plan. The district court, in a comprehensive and thoughtful 51-page Memorandum and Order entered on July 15, 2004, granted summary judgment on the claim for wrongful termina- tion of benefits after deciding that the plan ad- ministrator did not abuse its discretion in de- nying continuation. Evans appeals pro se. We have reviewed the briefs and pertinent portions of the record. We AFFIRM, essen- tially for the reasons carefully explained by the district court. * Pursuant to 5TH CIR. R. 47.5, the court has de- termined that this opinion should not be published and is not precedent except under the limited cir- cumstances set forth in 5TH CIR. R. 47.5.4. 2