HUNTINGTON - A woman is seeking disability benefits allegedly due under her employment benefits.
Patricia Clay flied a lawsuit Sept. 9 against Comcast Corporation Group Disability Income Policy, Liberty Life Assurance Company of Boston, and Does 1 through 10 in U.S. District Court for the Southern District of West Virginia at Huntington, citing violations of the Employee Retirement Income Security Act of 1974 Section 502(a)(1)(B).
Clay says she was an employee of Comcast Corp. and as part of her employment, she qualified for disability benefits in the event she became totally disabled.
She alleges that on July 16, 2010, due to obstructive sleep apnea, heart disease and diabetes, she became totally disabled and unable to work. Clay alleges that she was initially approved for short-term disability benefits, but denied long-term disability benefits starting Jan. 20, 2011.
She claims she filed an appeal in March 2011, which was denied based on conclusions Clay alleges were contrary to her true condition and to the objective medical evidence of her treating physician. The complaint alleges that Clay remains completely disabled and due benefits which the defendants refuse to pay.
Clay is asking the court to order the defendants to pay all benefits due under the disability plan, declare rights and benefits under the plan vested and non-forfeitable or award money damages for all sums owed, court costs and attorney fees. She is being represented in the case by J. Patrick L. Stephens of Underwood Law Offices.
United States District Court for the Southern District of West Virginia at Huntington Case No. 3:13-cv-22726.