The Florida Record Jun. 20, 2016, 11:18am


TAMPA – A Cellco Partnership former employee alleges he was awarded disability benefits but that they were not paid.

John Rubio filed a complaint on May 17 in the Tampa Division of the Middle District of Florida against Metropolitan Life Insurance Co. alleging that the plan administrator violated the Employee Retirement Income Security Act.

According to the complaint, the plaintiff alleges that he has not received his long-term disability benefits since April 22, 2014, through the date of filing this action. The plaintiff holds Metropolitan Life Insurance Co. responsible because the defendant allegedly initially paid his short-term disability benefits from Aug. 22, 2013, until April 21, 2014, and finally approved his long-term disability from April 23, 2014, to July 18, 2014, but was never issued payment for that benefit period. The suit states the defendant has refused to pay the benefits and alleges that the plaintiff does not satisfy the definition of total disability as stated in the plan.

The plaintiff requests a trial by jury and seeks declaration that he is entitled to long-term disability benefits from April 22, 2014, through the filing of this lawsuit, in a total of $47,281.80, together with prejudgment interest, attorney fees and costs and for such other and further relief as the court deems just and proper. He is represented by William C. Demas of Tucker & Ludin PA in St. Petersburg.

Tampa Division of the Middle District of Florida Case number 8:16-cv-01238

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Tampa Division of the Middle District of Florida
801 North Florida Avenue
Tampa, FL 33602

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