Opinion
No. 09-3648.
Submitted: August 13, 2010.
Filed: August 24, 2010.
Appeal from the United States District Court for the Eastern District of Arkansas.
Karen R. Rosby, Sherwood, AR, pro se.
David Michael Donovan, Watts Donovan, Little Rock, AR, for Appellee.
Before BYE, BOWMAN, and COLLOTON, Circuit Judges.
[UNPUBLISHED]
Karen Rosby appeals the district court's affirmance of Unum Life Insurance Company of America's (Unum's) termination of long-term disability benefits in this action under the Employment Retirement Income Security Act (ERISA).
The Honorable J. Leon Holmes, Chief Judge, United States District Court for the Eastern District of Arkansas.
After careful de novo review of the record, we conclude that Unum, the administrator of Rosby's employer-based disability plan, did not abuse its discretion in terminating Rosby's disability benefits because its decision was supported by substantial evidence that Rosby could perform the material and substantial duties of her job, as detailed in the district court's opinion See Norris v. Citibank, N.A. Disability Plan (501), 308 F.3d 880, 883-84 (8th Cir. 2002) (appellate standard of review and applicable standard for reviewing plan administrator's decision under ERISA). We also decline to remand based on a Social Security Administration decision that was not part of the administrative record or binding on Unum, see Wakkinen v. UNUM Life Ins. Co., 531 F.3d 575, 583 (8th Cir. 2008) (examining only evidence before plan administrator when benefits decision was made); Rutledge v. Liberty Life Assurance Co., 481 F.3d 655, 660-61 (8th Cir. 2007) (ERISA plan administrator not bound by Social Security Administration decision), or based on Rosby's dissatisfaction with counsel's assistance, see Glick v. Henderson, 855 F.2d 536, 541 (8th Cir. 1988) (no constitutional or statutory right to effective assistance of counsel in civil case).
Accordingly, we affirm. See 8th Cir. R. 47B.