West Virginia Record

Saturday, August 17, 2019

Kentucky woman alleges LINA wrongfully denied claim for long-term disability benefits

Lawsuits

By Carrie Bradon | Apr 1, 2019


HUNTINGTON – A Kentucky woman alleges that her long-term disability application was wrongfully denied.

Judy Brashear filed a complaint in U.S. District Court for the Southern District of West Virginia against Life Insurance Co. of North America and Kellogg Co. Disability Plan.

According to the complaint, the plaintiff became totally disabled in April 2013 and was not able to work as required by Kellogg's disability plan. The suit states the plaintiff was approved for short-term disability benefits and made a claim for long-term disability benefits in the same month.

The suit states the plaintiff's Social Security Disability Benefits were approved by the Social Security Administration and defendant LINA confirmed she would receive long-term disability benefits following a review in a February 2015 letter. The suit states LINA denied the application on Aug. 10, 2016. 

The plaintiff alleges she is totally disabled as defined by the plan and that the defendants refuse to pay her benefits.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs, and an order that the defendants pay all benefits due to her. The plaintiff is represented by J. Patrick L. Stephens of Underwood Law Offices in Huntington.

U.S. District Court for the Southern District of West Virginia case number 3:19-CV-00110

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

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