MIAMI – A New Jersey insurance company is accused of wrongfully terminating a woman's long-term disability benefits.
Ellen Mahaffey filed a complaint on May 5 in the U.S. District Court for the Southern District of Florida against The Prudential Insurance Co. of America alleging that the insurer of benefits violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that since March 31, 2013, she has stopped receiving her benefits under the long-term disability plan after having previously received them since Aug. 20, 2012. On Aug. 28, 2013, she alleges she properly submitted her appeal of defendant's adverse determination. On Oct. 30, 2013, the suit states she was notified that the defendant was upholding its decision to deny her claim for benefits.
The plaintiff holds The Prudential Insurance Co. of America responsible because the defendant allegedly failed to adequately describe to her any additional material or information necessary for her to perfect her claim, failed to properly and adequately investigate the merits of her disability claim and failed to provide a full and fair review of her claim.
The plaintiff requests a trial by jury and seeks payment of long-term disability benefits due, an order for her immediate reinstatement to the plan, all costs and attorneys’ fees, prejudgment and post-judgment interest and such other and further relief as the court deems just and proper. She is represented by Stephen F. Jessup of Attorneys Dell & Schaefer Chartered in Hollywood.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-21603
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U.S. District Court Southern District of Florida Key West Division
301 Simonton St
Key West, FL 33040-6812
Attorneys Dell & Schaefer Chartered
2404 Hollywood Boulevard
Hollywood, FL 33020