WHEELING – A woman is suing Metropolitan Life Insurance Company after she claims it wrongfully cut off her long-term disability benefits.
Melania Streski-Herald is the CEO and the sole member of MDStreski LLC and offered an employee welfare benefit plan, providing long-term disability benefits to eligible employees, according to a complaint filed in Ohio Circuit Court and removed to federal court.
Streski-Herald claims MetLife insured the long-term disability benefits provided by the Streski plan.
The plaintiff is an eligible beneficiary under the Streski plan and she applied for long-term disability benefits under the plain and submitted sufficient evidence in support of her disability in accordance with the terms of the plan.
MetLife approved her claim for long-term disability benefits and then, arbitrarily and capriciously cut off her entitlement to disability benefits, according to the suit.
Streski-Herald claims she exercised her rights to an administrative appeal of the defendant’s decision to cut off her benefits and the appeal was denied on Nov. 14, 2014.
The actions of the defendant were an abuse of discretion; were arbitrary and capricious; were taken for reasons other than the defendant’s obligations to act in the best interests of the participants of the Streski plan; and were clearly wrong under the terms of the Streski plan, according to the suit.
Streski-Herald is seeking recovery of all benefits due under the terms of the Streski plan with pre-judgment interest. She is being represented by John J. Polak of Atkinson & Polak PLLC.
MetLife is represented by Matthew O. Gatewood of Sutherland Asbill & Brennan LLP.
U.S. District Court for the Northern District of West Virginia case number: 5:15-cv-00154
Want to get notified whenever we write about
Atkinson & Polak, PLLC
Next time we write about
Atkinson & Polak, PLLC,
we'll email you a link to the story. You may edit your settings or unsubscribe at any time.
Sign-up for Alerts