UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

KATRINA SHARPE,

Plaintiff,

vs.

THE LINCOLN NATIONAL LIFE 

INSURANCE COMPANY, 

Defendant.

___________________________________)

COMPLAINT

The Plaintiff, Katrina Sharpe (“SHARPE”), by and through the undersigned 

counsel, hereby sues The Lincoln National Life Insurance Company f/k/a Lincoln Life 

Assurance Company of Boston (“LINCOLN”) and alleges:

PRELIMINARY ALLEGATIONS

1. “Jurisdiction”- This action is brought under 29 U.S.C. §§ 1132(a), (e), (f) 

and (g) of the Employee Retirement Income Security Act of 1974 (hereinafter “ERISA”) 

as it involves a claim by a Plaintiff for employee benefits under and employee benefit plan 

regulated and governed under ERISA. This action is brought for the purpose of recovering 

benefits under the terms of an employee benefit plan, and to clarify Plaintiff’s rights under 

the employee benefit plan administered and funded by the Defendant. Plaintiff seeks relief, 

including, but not limited to, payment of benefits, pre-judgment and post-judgment interest, 

reinstatement of plan benefits at issue herein, and attorney’s fees and costs.

2. SHARPE was at all times relevant a plan participant under the Mount Sinai 

Medical Center (“Mount Sinai”) Group Long Term Disability Policy. 

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3. Defendant, LINCOLN, is a corporation with its principal place of business 

in the State of Indiana, authorized to transact and is transacting business in, and may be 

found in the Southern District of Florida. LINCOLN is the insurer of benefits under the 

Mount Sinai LTD Plans and acted in the capacity of a plan administrator. As the 

decisionmaker and payor of plan benefits, LINCOLN administered the claim with a 

conflict of interest and the bias this created affected the claims determination.

4. The LINCOLN LTD Plan is an employee welfare benefit plan regulated by 

ERISA, established by Mount Sinai under which SHARPE was a participant, and pursuant 

to which SHARPE is entitled to Long Term Disability benefits (“LTD benefits”). Pursuant 

to the terms and conditions of LTD Plan, SHARPE is entitled to LTD benefits for the 

duration of the Plaintiff’s disability, for so long as SHARPE remains disabled as required 

under the terms and conditions of the LTD plans.

5. Venue is proper in this district under 29 USC 1132 (e)(2), in that defendant, 

LINCOLN, is authorized to and is doing business within the Southern District of Florida

and SHARPE is a citizen of Miami-Dade County, Florida.

COUNT I:

CLAIM FOR BENEFITS, ENFORCEMENT AND CLARIFICATION OF 

RIGHTS, PREJUDGMENT AND POSTJUDGMENT INTEREST AND 

ATTORNEYS’ FEES AND COST PURSUANT TO 29 U.S.C. § 1132(a)(1)(B)

6. SHARPE incorporates by reference all preceding paragraphs as though 

fully set forth herein.

7. At all times relevant, SHARPE was a plan participant or former plan 

participant under the terms and conditions of the LTD Plan.

8. Prior to disability SHARPE worked as a Medical Collector for Mount Sinai. 

9. The LTD Plan defines “Disability" or "Disabled", with respect to Long 

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Term Disability, means: 1. For persons other than pilots, co-pilots, and crewmembers of 

an aircraft: Applicable to Class 1, 2, 3, 4, 5, 6, 7, 8, 9, 10: (a) a. i. if the Covered Person is 

eligible for the 36 Month Own Occupation benefit, "Disability" or "Disabled" means that 

during the Elimination Period and the next 36 months of Disability the Covered Person, as 

a result of Injury or Sickness, is unable to perform the Material and Substantial Duties of 

his Own Occupation.

10. Material and Substantial Duties means responsibilities that are normally 

required to perform the Covered Person's Own Occupation, or any other occupation, and 

cannot be reasonably eliminated or modified.

11. Own Occupation with respect to Long Term Disability, means the Covered 

Person's occupation that he was performing when his Disability or Partial Disability began. 

For the purposes of determining Disability under this policy, Lincoln will consider the 

Covered Person's occupation as it is normally performed in the national economy.

12. During the course of SHARPE’s employment, SHARPE became entitled to 

benefits under the terms and conditions of the LTD Plan. Specifically, while SHARPE was 

covered under the LTD Plans, SHARPE suffered a disability, the nature of which due to 

privacy concerns is set forth in detail in the administrative record, rendering her disabled 

as defined under the terms of the LTD Plan.

13. Pursuant to the terms of the LTD Plans, SHARPE made a claim to 

LINCOLN for benefits under the LTD Plan with an effective date of disability of July 2, 

2021.

14. Following the applicable Elimination Period, LTD Benefits became payable 

as of October 1, 2021.

15. LINCOLN initially approved SHARPE’s claim for LTD Benefits after its 

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review of her medical records indicated that she was disabled under the terms and 

conditions of the policy as it related to her ability to perform her own occupation. 

16. On March 16, 2022, LINCOLN notified SHARPE that it was terminating 

her claim for LTD Benefits effective March 15, 2022, as it had determined she was not 

disabled from performing the material and substantial duties of her own occupation.

17. On August 3, 2022, SHARPE appealed LINCOLNT’s denial of her claim 

for LTD Benefits.

18. On October 17, 2022, LINCOLN notified SHARPE that it was upholding 

the denial of her claim for LTD Benefits. 

19. SHARPE has exhausted his administrative remedies under the LTD Plan.

20. LINCOLN breached the LTD Plan and violated ERISA in the following 

respects:

a. Failing to pay LTD benefits to SHARPE at a time when LINCOLN

and the LTD Plan knew, or should have known, that Plaintiff was entitled 

to those benefits under the terms of the LTD Plan, as SHARPE was 

disabled and unable to work and therefore entitled to benefits.

b. After SHARPE’s claim was denied in whole or in part, LINCOLN

failed to adequately describe to SHARPE any additional material or 

information necessary for SHARPE to perfect her claim along with an 

explanation of why such material is or was necessary.

c. LINCOLN failed to properly and adequately investigate the merits 

of SHARPE’s disability claim and failed to provide a full and fair review 

of SHARPE’s claim.

21. SHARPE believes and alleges that LINCOLN wrongfully denied her claim 

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for LTD Benefits under the LTD Plan by other acts or omissions of which SHARPE is 

presently unaware, but which may be discovered in this future litigation and which 

SHARPE will immediately make LINCOLN aware of once said acts or omissions are 

discovered by SHARPE.

22. As a proximate result of the aforementioned wrongful conduct of 

LINCOLN under the LTD Plan, SHARPE has damages for loss of disability benefits in a 

total sum to be shown at the time of trial.

23. As a further direct and proximate result of this improper determination 

regarding SHARPE’s claims for benefits, SHARPE, in pursuing this action, has been 

required to incur attorney’s costs and fees. Pursuant to 29 U.S.C. § 1132(g)(1), SHARPE

is entitled to have such fees and costs paid by LINCOLN.

24. The wrongful conduct of LINCOLN has created uncertainty where none 

should exist; therefore, SHARPE is entitled to enforce her rights under the terms of the 

LTD Plan and to clarify her right to future benefits under the LTD Plan.

REQUEST FOR RELIEF

WHEREFORE, Katrina Sharpe prays for relief against the LINCOLN Life 

Insurance Company as follows:

1. Payment of disability benefits due Plaintiff;

2. An order declaring that Plaintiff is entitled to immediate reinstatement to 

the LTD Plan, with all ancillary benefits to which she is entitled by virtue of her disability, 

and that benefits are to continue to be paid under the LTD Plan for so long as Plaintiff 

remains disabled under the terms of the LTD Plan;

3. In the alternative to the relief sought in paragraphs 1 and 2, an order 

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remanding Plaintiff’s claim to the claims administrator to the extent any new facts or 

submissions are to be considered;

4. Pursuant to 29 U.S.C. § 1132(g), payment of all costs and attorneys’ fees 

incurred in pursuing this action;

5. Payment of prejudgment and post judgment interest as allowed for under 

ERISA; and

6. Such other and further relief as this Court deems just and proper.

DATED: October 27, 2022.

ATTORNEYS DELL AND SCHAEFER, 

CHARTERED

Attorneys for Plaintiff

2404 Hollywood Boulevard

 Hollywood, FL 33020

 (954) 620-8300

 

 __/s/ Stephen F. Jessup_________

 STEPHEN F. JESSUP, ESQUIRE

 Florida Bar No.: 0026264

 Email: stephen@diattorney.com

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