HUNTINGTON — An order sealing the administrative record was filed in a case alleging a woman's long-term disability benefits were wrongfully denied.
The order states that administrative procedures need to exercise caution when pleadings, documents and exhibits contain personal identifying numbers, medical records, employment history information, individual financial information or proprietary or trade secret information. The order also states that the personal data identifiers and other confidential information contained in the administrative record, particularly the medical records and employment information, are essential to the court’s review of the case and cannot be feasibly redacted from the record, which is good cause to allow the administrative record to be filed under seal.
Judy Brashear, a Kentucky resident, claimed that her long-term disability application was wrongfully denied in her complaint filed against Life Insurance Co. of North America and Kellogg Co. Disability Plan in the U.S. District Court for the Southern District of West Virginia.
The plaintiff became totally disabled in April 2013 and was not able to work as required by Kellogg's disability plan, according to the suit. 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 plaintiff's Social Security disability benefits were approved by the Social Security Administration and Life Insurance Co. of North America confirmed she would receive long-term disability benefits following a review in a February 2015 letter. The suit states the defendant then denied the application on Aug. 10, 2016.
The plaintiff claims 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's fees and court costs, and an order that the defendants pay all benefits due to her. The plaintiff is represented by J. Patrick Stephens of Underwood Law Offices in Huntington.
U.S. District Court for the Southern District of West Virginia case number 3:19-cv-00110
