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Man Files Suit To Obtain Disability Payments


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3/7/2010
Brent Adams
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A 50-year-old man from east Texas has filed suit against an insurance company and an employee welfare benefit plan to recover disability benefits.

 

On March 2, Chiu Ming Cheung filed suit in the Eastern District of Texas, Marshall Division, naming Metropolitan Life Insurance Co. and Maxim Integrated Products Inc. Plan as defendants.

 

According to Cheung, he is disabled and unable to perform his operational duties defined in the insurance policy. However, the insurance company has yet to pay him short-term or long-term disability payments. The policy provides 60 percent of Cheung’s monthly earnings less any deductible source of income until the age of 65.

 

The suit claims the defendants failed to process or exercise discretion regarding Cheung’s claims. In the alternative, Cheung claims the decision to deny his benefits was “arbitrary and capricious.”

 

Cheung has asked that the defendants be ordered to pay him the full employee benefits incurred, reinstate him on the policy for future payments, and order reasonable attorney’s fees, pre- and post-judgment interest, and remanded to comply with the terms of the policy.

Category: Disability Insurance - ERISA

Labels: disability

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