Rock v. Unum Life Insur. Co., 1999 U.S. App. LEXIS 29859 (10^th Cir. Nov. 15, 1999) (unpublished)-This court affirmed the district court's judgment in favor of defendant UNUM on Rock’s claims for disability benefits.

In July, 1989, plaintiff filed for temporary, and then permanent, disability benefits based on evidence that he suffered from a mental illness. UNUM paid temporary benefits, since the policy limited benefits for total disability for mental illness to twenty-four months. In April 1994, plaintiff requested that UNUM reopened his claim to consider evidence that his disability (chronic fatigue syndrome) was due to physical causes, and was not ever due to a mental condition. After UNUM denied reconsideration, plaintiff filed suit.

Because the UNUM policy did not provide the plan administrator or fiduciary with discretion to determine eligibility for benefits or construe the plan's terms, the district reviewed de novo, and found plaintiff’s evidence insufficient to support his claims. This court found no reversible error in the district court’s decision.