Woman seeks reinstatement of short-term disability benefits

By The Florida Record | Jun 3, 2016

MIAMI – A woman alleges her short-term disability benefits were wrongfully terminated.

Cheryl Gitter filed a complaint on May 5 in the U.S. District Court for the Southern District of Florida against Life Insurance Co. of North America alleging that the plan administrator allegedly violated the Employee Retirement Income Security Act.

According to the complaint, the plaintiff alleges that since Aug. 21, 2014, she has not received her benefits under the short-term disability plan. She claims she has been damaged for loss of disability benefits in a total sum to be shown at the time of trial. The plaintiff holds Life Insurance Co. of North America responsible because the defendant allegedly failed to approve and pay her short-term disability benefits, failed to adequately describe any additional information necessary for her to perfect her claim and failed to investigate the merits of her disability claim.

The plaintiff requests a trial by jury and seeks reinstatement of plan benefits, prejudgment and post-judgment interest attorneys' fees and costs and such other and further relief as the court deems just and proper. She is represented by Victor Peña and Gregory Michael Dell of Attorneys Dell & Schaefer Chartered in Hollywood.

U.S. District Court for the Southern District of Florida Case number 1:16-cv-21600

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Attorneys Dell & Schaefer U.S. District Court Southern District of Florida Key West Division

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