Former Pamrapo Savings Bank Employee and Her New Jersey Disability Attorney File an ERISA Lawsuit against the Bank and Lincoln National Life Insurance Company
An employee at Pamrapo Savings Bank, Suzanne Weicker, filed a complaint against The Lincoln National Life Insurance Company in the United States District Court of New Jersey in an attempt to recover her longer term disability benefits as provided under her employee benefits plan.
Weicker worked full-time at Pamrapo until February 11, 2010 when she ceased working due to rheumatoid arthritis. Unable to perform her job duties due her condition, Weicker made a claim for disability benefits under her employee plan subsequent to her exit from the job, claiming she was total disabled and unable to “perform her job duties.”
Lincoln Denies Rheumatoid Arthritis Sufferer Her Disability Benefits
Initially Lincoln denied Weicker’s claim on July 29, 2010. Weicker promptly appealed the denial and submitted reports and other relevant evidence to establish her disability as provided by her treating and examining physicians. In response to the appeal, Lincoln upheld its earlier decision and denied Weicker’s benefits. With all administrative remedies exhausted, Weicker and her New Jersey disability attorney filed their complaint on June 24, 2011.
Weicker and Her New Jersey Disability Attorney Request Relief from the United States District Court of New Jersey
In the complaint Weicker’s New Jersey disability attorney opines that “the determinations by Lincoln that Plaintiff is not totally disabled as defined by the Plan is contrary to the welfare benefit plan and has no rational support in the evidence.” Thus, Weicker and her New Jersey disability attorney accuse Lincoln of having made an arbitrary and capricious determination in Weicker’s case, and asks the Federal Court to order Lincoln and Pamrapo pay disability income benefits to Weicker per the terms of the contractual agreement, pay her prejudgment interest on benefits “that have accrued prior to the date of judgment,” continue paying Weicker her disability benefits as long as she meets the policy conditions of being totally disabled, and pay her attorney’s fees and any other relief the court sees fit.