MIAMI—A former employee of the Bank of New York Mellon Corporation is suing Prudential Insurance Company for alleged violations of disability rights.
Sandra Schlau filed a federal lawsuit on Jan. 12 in the U.S. District Court for the Southern District of Florida against The Prudential Insurance Company of America, citing violation of the Employee Retirement Income Security Act (ERISA).
According to the claim, Schlau was an employee of The Bank of New York Mellon Corporation, who was a participant in a Long-term Disability Plan (LTD Plan) as insured and administered by the defendant. Schlau claims that on April, 10, 2009, she became disabled under the terms of the LTD Plan and has been under the care of a physician. The plaintiff was initially approved and received benefits until March 31, 2015.
The plaintiff allegedly received a letter without reason on Feb. 24, 2015, notifying her that the LTD benefits were being terminated effective April 1, 2015. On Sept. 29, 2015, the defendant affirmed its determination despite a letter of appeal sent in a timely manner from the defendant after the initial notification, the suit states. Schlau alleges Prudential breached the LTD Plan and violated ERISA for failing to pay for benefits and failing to provide a reasonable explanation for the denial of her claim.
Schlau seeks reinstatement to the LTD Plan, all ancillary benefits to which she is entitled, costs and attorney’s fees, and pre- and post-judgment interest. She is represented by Rachel Alters and Gregory Michael Dell of the Attorneys Dell and Schaefer in Hollywood.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-60073-JIC