HENDRIX v. STANDARD INSURANCE COMPANY, INC., 1999 U.S. App. LEXIS 9777 (9th Cir. May 18, 1999) (unpublished)-BEEZER, TROTT and KING, Circuit Judges.
Ninth Circuit affirmed District Court's decision that the correct standard of review was the abuse of discretion standard. Also affirmed the District Court's decision there was no conflict of interest. Ninth Circuit also affirmed the decision of the district court to admit evidence outside of the administrative record since the evidence addressed the conflict of interest issue. Also affirmed the district court's finding that the Defendant was correct in determining that the medical evidence did not support a finding that the claimant had chronic fatigue syndrome. Dr. Fancher was one of the Standard physicians who reviewed the claim. The record contains substantial evidence supporting Standard's contention that Hendrix's history of depression precludes her from fulfilling the second criteria of a chronic fatigue syndrome diagnosis. Dr. David Franck concluded that the clinical records lack "documentation of many of the minor and physical criteria" and that a diagnosis of depression "could easily explain most, if not all, of the claimant's symptoms." Hendrix's file was also reviewed by Dr. Fancher and a neuropsychologist, both of whom concluded that a diagnosis of chronic fatigue syndrome is not supported by the medical evidence. Medical records from Hendrix's past support this conclusion by indicating that she had suffered from major depression and was represcribed anti-depressive medications around the same time that her symptoms began.
