SAN FRANCISCO – A Hercules resident alleges long-term disability benefits were wrongfully denied.
Kent Von Aspern filed a complaint against United of Omaha Life Insurance Co. in the U.S. District Court for the Northern District of California on Sept. 12, citing the Employee Retirement Income Security Act.
According to the complaint, in May 2015, the plaintiff began suffering from depression and anxiety and took a leave from his job beginning in July 2015. The suit states he applied for long-term disability benefits from the defendant in September 2015, which were denied in November 2015.
The plaintiff claims that Mutual of Omaha violated the terms of its plans by denying him long-term disability benefits, ignored the opinions of the plaintiff's treating physicians, refusing to examine him and failing to make a full and fair assessment of his claim.
The plaintiff is seeking all plan benefits owed to him, costs and reasonable attorney fees, and pre- and post-judgment interest. He is represented by Robert J. McKennon, Scott E. Calvert and David S. Rankin of the McKennon Law Group in Newport Beach.
U.S. District Court Northern District of California Case number 3:16-cv-05222-LB