SACRAMENTO – A man alleges his long-term disability benefits were wrongfully terminated and has filed suit for 13 months of back benefits.
Mark Duke filed a complaint on Aug. 10 in the U.S. District Court for the Eastern District of California against
Prudential Insurance Co. of America and EMS Management LLC
alleging violation of the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that in April 2011, he became disabled and was initially receiving disability benefits until the benefits were terminated by the defendants in July 2015. The plaintiff holds Prudential Insurance Co. of America and EMS Management LLC responsible because the defendants allegedly terminated plaintiff's claim for disability benefits despite still being disabled according to the terms of the plan.
The plaintiff requests a trial by jury and seeks damages of $14,677 for unpaid benefits, order the defendant to continue paying plaintiff $1,129 per month for as long as he remains disabled according to the terms of the plan, interest, all legal fees and any other relief as the court deems just. He is represented by Daniel S. Glass in Sacramento.
U.S. District Court for the Eastern District of California Case number 2:16-at-00985