Willie Farmer, Jr. v. AIG Life Insurance Co., No. 08-12205 (11th Cir. 2008)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 08-12205 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT December 16, 2008 THOMAS K. KAHN CLERK D. C. Docket No. 05-00175-CV-WLS-1 WILLIE FARMER, JR., Plaintiff-Appellant, versus AIG LIFE INSURANCE COMPANY, Defendant-Appellee. ________________________ Appeal from the United States District Court for the Middle District of Georgia _________________________ (December 16, 2008) Before BIRCH, DUBINA and BLACK, Circuit Judges. PER CURIAM: Willie Farmer, Jr. appeals the district court s grant of summary judgment to AIG Life Insurance Co. in his Employee Retirement Income Security Act of 1974 (ERISA) action seeking long-term disability benefits. 29 U.S.C. ยงยง 1001 et seq. Farmer asserts (1) he was denied a full and fair review of the administrative decision denying his claim; (2) the district court was precluded from affirming the denial of benefits on the basis of the 365 day rule; (3) this court, under de novo review, should resolve his contention that he is totally and permanently disabled as defined by the policy at issue; and (4) the district court erred in concluding his claim for disability benefits was precluded by the 365 day rule. After review of the record, and the parties briefs, we conclude Farmer s contentions on appeal are without merit. We find no error in the district court s grant of summary judgment to AIG. The judgment is, accordingly, AFFIRMED. 2
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