BATON ROUGE – A disabled woman has filed a suit for reinstatement of long-term disability benefits.
Hope E. Kearney filed a complaint on May 18 in the U.S. District Court for the Middle District of Louisiana against Aetna Life Insurance Co. alleging that the claims administrator allegedly violated the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that she is disabled and was terminated from the defendant's long-term disability benefits in 2011, but that her benefits were reinstated after a lawsuit. The plaintiff holds Aetna Life Insurance Co. responsible because the defendant allegedly rejected her appeal and denied her claim for continued long-term disability benefits on Aug. 7, 2015.
The plaintiff requests a trial by jury and seeks judgment against defendant in the amount equal to the monthly benefits due from Aug. 7, 2015, together with legal interest, plus penalties, attorneys' fees and costs. She is represented by Floyd J. Falcon Jr. of Law Office of Floyd J. Falcon Jr. in Baton Rouge and Daniel J. Avant of Law Office of Daniel J. Avant in Cedar Hill, Texas.
U.S. District Court for the Middle District of Louisiana Case number 3:16-cv-00328