MIAMI – A woman alleges that her disability benefits were wrongfully terminated.
Sandra Garceau filed a complaint on May 16 in the U.S. District Court for the Southern District of Florida against Aetna Life Insurance Co. alleging that the insurer of benefits violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that she has been disabled since approximately Oct. 7, 2014, under the terms of the long-term plan. From April 5, 2015, she alleges she has not received benefits owed to her under the plan despite her right to these benefits. The plaintiff holds Aetna Life Insurance Co. responsible because the defendant allegedly denied to pay her benefits under the employee welfare benefit plan and informed her that no further appeals would be considered, failed to provide reasonable explanation on the basis for the termination of her claim and failed to properly investigate the merits of her disability claim.
The plaintiff requests a trial by jury and seeks an order for her immediate reinstatement to the plan, payment of disability benefits due, 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 Alexander A. Palamara 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-21726