WHAT STANDARD OF REVIEW WILL BE USED BY THE FEDERAL COURT REVIEWING MY CLAIM?
The standard of review for an administrator’s actions is de novo or abuse of discretion based on the determination of whether the administrator has the discretion to determine eligibility for benefits or to construe the terms of the plan. If the administrator does not have this discretion, the district court should apply the de novo standard of review for the law aspects of the decision by the administrator. However, the factual aspects of the decision by the administrator are reviewed for abuse of discretion. Estate of Bratton v. Nat.’l Union Fire Ins. Co. of Pittsburgh, Pa., 215 F. 3d. 516, 522 (5th Cir. 2000). Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 946, 103 L. Ed. 2d 80 (1989). On the other hand, if the plan administrator is determined to have discretionary authority to determine eligibility for benefits or to construe the terms of the plan, in the Fifth Circuit, the review of both the administrators’ law and factual aspects of the decision is based
