HUNTINGTON – A Jackson County, Kentucky man is seeking disability benefits he alleges he is owed.
Ricky Lowe filed a complaint Nov. 6 in U.S. District Court for the Southern District of West Virginia, Huntington Division against Flowers Independent Distributors Welfare Trust, Hartford Life and Accident Insurance Co. and Does 1 to 5 alleging that they violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that on Jan. 28, 2014, he quit working as an independent distributor for defendant Flowers because he had become permanently disabled. After being paid his long-term disability benefits from Feb, 9, 2015, until Feb. 8, 2017, by Hartford, the definition of disability in the plan changed on Feb. 9, and his request for additional benefits was denied, the suit states.
The plaintiff holds Flowers Independent Distributors Welfare Trust, Hartford Life and Accident Insurance Co. and Does 1 to 5 responsible because the defendants' decision to deny the benefits was arbitrary, illegal, unreasonable and not in good faith.
The plaintiff seeks an order requiring defendants to pay all benefits due under the plan, plus interest, attorney's fees, costs and any further relief that the court may deem just and proper. He is represented by J. Patrick L. Stephens of Underwood Law Offices in Huntington.
U.S. District Court for the Southern District of West Virginia, Huntington Division case number 3:17-cv-04285