Virginia man seeks additional disability benefits

By Noddy A. Fernandez | Jan 4, 2019

HUNTINGTON — A Wythe County, Virginia, man is suing a hospital, benefit providers and individuals, citing alleged violation of workers' compensation acts.

Richard Hogan filed a complaint in U.S. District Court for the Southern District of West Virginia Huntington Division against Pleasant Valley Hospital, Inc. Employee Benefit Plan; Sun Life Assurance Company of Canada and Does 1 through 5 for allege violation of the Employee Retirement Income Security Act.

According to the complaint, on Nov. 13, 2016, Hogan was approved for Social Security Disability and the administration determined his date of disability was March 23, 2016. 

However, on May 1, 2017, the defendants allegedly denied his additional long-term disability (LTD) benefits and despite his timely appeal they reaffirmed the decision to deny his additional LTD benefits. 

The plaintiff holds Pleasant Valley Hospital, Inc. Employee Benefit Plan; Sun Life Assurance Company of Canada and Does 1 through 5 responsible because they allegedly refused to pay due benefits under the plan pursuant to review that plaintiff is disabled and entitled to receive additional LTD benefits.

The plaintiff requests a trial by jury and seeks judgment for benefits due under the plan, award prejudgment interest, attorney's fees, court costs, and such other and further legal and equitable relief as 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 3:18-cv-01460

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U.S. District Court for the Southern District of West Virginia Huntington Division Underwood Law Offices

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