Louisiana Record

Monday, October 21, 2019

Disabled woman sues over disability claim denial

By Dan Harkins | Jul 15, 2015

A disabled woman is suing her insurance company over a long-term disability claim it's denied.

Elizabeth F. Bertucci filed a complaint July 6 in U.S. District Court for the Eastern District of Louisiana against Aetna Life Insurance Co.

Bertucci is a participant in an Employee Retirement Income Security Act plan created by her employer, Capitol One, as well as a group disability policy through the defendant.

Bertucci suffers from "severe degenerative disc disease with complications like arachnoidites," the lawsuit states. After multiple spine surgeries and "comprehensive pain management treatment," the lawsuit states, a recent MRI shows several spinal conditions which allegedly preclude her from performing her job duties.

Even though Bertucci has been found to be disabled by the Social Security Administration, Aetna continues to turn down her disability claim, the lawsuit states.

Bertucci, it continues, "has exhausted her administrative remedies and now timely files this suit to reverse Aetna's denial of benefits."

She seeks past and future benefits, court costs and attorneys' fees.

The plaintiff is represented by Reagan Toledano, James F. Willeford and Shane Pendley of Willeford and Toledano in New Orleans.

U.S. District Court for the Eastern District of Louisiana case number 2:15-cv-02461-EEF-KWR.

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