TAMPA – A Polk County man alleges his disability benefits were terminated despite still meeting the terms of disability according to the plan.

John Gsellman filed a complaint on Aug. 22 in the Tampa Division for the Middle District of Florida against Unum Life Insurance Co. of America alleging violation of the Employee Retirement Income Security Act.

According to the complaint, the plaintiff alleges that in February 2013, he became disabled due to a L4 burst fracture and was unable to work. He alleges he was initially paid disability benefits until the benefits were denied by the defendant effective March 17. The plaintiff holds Unum Life Insurance Co. of America responsible because the defendant allegedly denied plaintiff's claim for long-term disability benefits despite still being disabled according to the terms of the plan.

The plaintiff seeks declaration of his rights to benefits and continuation of the benefits as long as he remains disabled according to the terms of the plan and all legal fees. He is represented by Nancy L. Cavey of Law Offices of Nancy L. Cavey in St. Petersburg.

Tampa Division for the Middle District of Florida Case number 8:16-cv-02400-CEH-JSS

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