TAMPA – A woman alleges her insurer has denied her claims for long-term disability benefits over its assertion that she is not partially disabled.

Shawna M. Cann filed a complaint on Oct. 3 in the U.S. District Court for the Middle District of Florida against The Prudential Insurance Co. of America citing the Employee Retirement Income Security Act.

According to the complaint, the plaintiff alleges that she has been partially disabled under the terms of the plan as a result of various debilitating conditions, but despite her condition, defendant has refused to pay long-term disability benefits. The suit states the defendant claims the plaintiff is not partially disabled.

The plaintiff holds The Prudential Insurance Co. of America responsible because the defendant allegedly refused to pay benefits due to plaintiff and failed to clarify plaintiff's rights to future benefits under the terms of the plan.

The plaintiff seeks judgment against defendant, costs, attorney's fees and further relief as the court deems just. She is represented by Marcus A. Castillo of Hans & Castillo PA in Clearwater.

U.S. District Court for the Middle District of Florida Case number 8:16-cv-02806

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