PENSACOLA – A New York man formerly employed by Affinity Health Plan alleges his claim for disability benefits was wrongfully denied.
Darnell J. Robinson filed a complaint on April 4 in the U.S. District Court for the Northern District of Florida, Pensacola Division against Sun Life Assurance Co. of America citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that he became disabled in November 2015 due to neck pain, low back pain, right knee derangement, lumbar radiculopathy, piriformis syndrome, and other exertional and non-exertional impairments. He alleges he applied for disability benefits from the defendant in August 2016 and that his claim was denied in February.
The plaintiff holds Sun Life Assurance Co. of America responsible because the defendant's denial of his claim allegedly constituted as abuse of its discretion under the plan.
The plaintiff seeks judgment against the defendant for all plan benefits owing at the time of said judgment, prejudgment interest, attorney’s fees and costs of action. He is represented by Nick A. Ortiz of Ortiz Law Firm in Pensacola.
U.S. District Court for the Northern District of Florida, Pensacola Division Case number 3:17-cv-00218