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SAFFON v. WELLS FARGO & CO. LONG TERM DISABILITY

No. 05-56824.

511 F.3d 1206 (2008)

Graciela SAFFON, Plaintiff-Appellant, v. WELLS FARGO & COMPANY LONG TERM DISABILITY PLAN, an Erisa Plan, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2008.

Attorney(s) appearing for the Case

Cassie Springer-Sullivan, Lewis, Feinberg, Lee, Renaker & Jackson, P.C., Oakland, CA; and Charles J. Fleishman, Beverly Hills, CA, for the plaintiff-appellant.

Yuliya I. LaRoe and Eric R. McDonough, Seyfarth Shaw LLP, Los Angeles, CA, for the defendant-appellee.

Before: ALEX KOZINSKI, Chief Judge, JOHNNIE B. RAWLINSON, Circuit Judge and MIRIAM GOLDMAN CEDARBAUM, Senior District Judge.

KOZINSKI, Chief Judge:

We consider whether an ERISA plan administrator properly terminated benefits because of its beneficiary's failure to produce evidence of her disability.

Facts

Graciela Saffon has long suffered from degeneration of her cervical spine, a condition confirmed by repeated MRI scans and X-rays. After a car crash aggravated her condition in December 2001, Saffon quit her desk job at Wells Fargo Bank and applied for disability benefits...

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