LOS ANGELES – A man alleges he suffers from back pain as a result of a military injury and that he was wrongfully denied disability benefits.
Marc Miller filed a complaint on July 26 in the U.S. District Court for the Central District of California against Aetna Life Insurance Co., the insurer and plan fiduciary of the Bank of America Corp. Long Term Disability Plan, alleging violation of the Employee Retirement Income Security Act and breach of fiduciary duty.
According to the complaint, the plaintiff alleges that he became disabled due to being diagnosed with severe back pain, degenerative disc disease and other medical conditions but was denied by the defendant when he filed for disability benefits. The plaintiff holds Aetna Life Insurance Co. responsible because the defendant allegedly denied plaintiff's disability benefits despite having adequate medical records to support his claim.
The plaintiff seeks judgment declaring plaintiff's rights to receive disability benefits, monies for all benefits plaintiff is entitled, all legal fees and interest, and any other relief as the court deems just. He is represented by Michael A. McKuin of McKuin Law in Palm Desert.
U.S. District Court for the Central District of California Case number 8:16-cv-01381-JLS-AFM