UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case No.: 

DOMONIC A. MCCLAIN,

Plaintiff,

v.

THE LINCOLN NATIONAL LIFE 

INSURANCE COMPANY,

Defendant.

__________________________________/

COMPLAINT

COMES NOW the Plaintiff, DOMONIC A. MCCLAIN, by and through the undersigned 

attorneys, and files this Complaint stating a cause of action against Defendant, THE LINCOLN 

NATIONAL LIFE INSURANCE COMPANY, and alleges as follows:

1. This is an action for recovery of benefits under employee welfare benefit plans 

brought pursuant to 29 U.S.C. §1132(a)(1)(b)(ERISA).

2. Plaintiff, DOMONIC A. MCCLAIN, is an adult resident citizen of Milwaukee 

County, WI.

3. Defendant, THE LINCOLN NATIONAL LIFE INSURANCE COMPANY 

(hereinafter referred to as “LINCOLN NATIONAL”), is a foreign corporation authorized to do 

business and actually doing business within the Southern District of Florida.

4. This Court maintains subject matter jurisdiction over this action pursuant to 29 

U.S.C. § 1132(e) and 28 U.S.C. § 1331.

COUNT I – BREACH OF CONTRACT

5. Plaintiff and/or his employer, CHARTER COMMISSIONS, INC., purchased 

through his employer a contract of salary continuance insurance including long term disability 

(LTD) benefits (hereinafter “the LTD Plan”).

6. At all times material to this Complaint, the LTD Plan was in full force and effect 

and Plaintiff was an LTD Plan participant.

Case 1:22-cv-23024-RNS Document 1 Entered on FLSD Docket 09/21/2022 Page 1 of 3
2

7. Defendant, LINCOLN NATIONAL, is in possession of all master LTD Plan 

documents.

8. Defendant is a third party plan administrator or claims fiduciary given discretion 

to interpret LTD Plan provisions and is an LTD Plan fiduciary, or alternatively, is an LTD plan 

fiduciary without discretion to interpret LTD Plan provisions.

9. On or about January 19, 2018, Plaintiff became totally disabled from his past 

employment as defined by the LTD Plan, due to spinal stenosis and other exertional and nonexertional impairments.

10. Plaintiff made a timely application for disability benefits under the LTD Plan, and 

his claim was approved. 

11. On or about March 13, 2020, Defendant or its agents terminated Plaintiff’s claim 

for LTD Plan benefits beyond July 18, 2020. 

12. Plaintiff appealed said denial of benefits on or about September 30, 2021, and 

supplemented his appeal on February 14, 2022.

13. On or about March 9, 2022, Defendant upheld its previous decision to deny the 

claim for LTD Plan benefits. 

14. Plaintiff continues to remain totally disabled from employment, as defined by the 

LTD Plan, due to spinal stenosis and other exertional and non-exertional impairments.

15. Plaintiff has exhausted all administrative remedies afforded by the LTD Plan and 

has otherwise complied with all conditions precedent to this action.

16. Each of the Defendant’s denials of Plaintiff’s claims for LTD Plan benefits 

constituted abuse of Defendant’s discretion under the LTD Plan and derogated Plaintiff’s right to 

disability benefits under the terms of the LTD Plan.

Case 1:22-cv-23024-RNS Document 1 Entered on FLSD Docket 09/21/2022 Page 2 of 3
3

WHEREFORE, Plaintiff prays for a judgment against the Defendant for all LTD Plan 

benefits owing at the time of said judgment, pre-judgment interest, attorney’s fees, costs of this

action, and all other relief deemed just and proper by the Court.

Dated: September 21, 2022

/s/ Nick A. Ortiz

Nick A. Ortiz, Esq.

FL. Bar No.: 12699

Ortiz Law Firm

316 S. Baylen St., Ste. 590

Pensacola, FL 32502

(850) 308-7833 (T)

(850) 208-3613 (F)

nick@nickortizlaw.com

Attorney for Plaintiff

Case 1:22-cv-23024-RNS Document 1 Entered on FLSD Docket 09/21/2022 Page 3 of 3