UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

CHERYL HAFFNER,

Plaintiff,

v.

THE LINCOLN NATIONAL LIFE

INSURANCE COMPANY, 

Defendant.

____________________________________)

COMPLAINT

The Plaintiff, CHERYL HAFFNER (“HAFFNER”), by and through her 

undersigned counsel, hereby sues THE LINCOLN NATIONAL LIFE INSURANCE 

COMPANY (“LINCOLN”), and alleges as follows:

JURISDICTION, VENUE AND PARTIES

1. This action arises under ERISA or the Employee Retirement Income Security Act 

of 1974, 29 USC §§ 1001 et seq., and more particularly 29 USC §1132 (a) (1) (B) 

thereof. This Court has jurisdiction under 29 USC § 1132 (f), which grants to the 

federal court original jurisdiction to determine claims under 29 USC §§ 1001 et 

seq. HAFFNER brings this action to recover long-term disability (“LTD”) 

benefits due to her under the terms of an employee welfare benefit plan, to 

enforce her rights under the plan and to clarify her rights to benefits under the 

terms of the plan.

2. HAFFNER was at all times relevant a citizen of the United States of America and 

in all respects sui juris.

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3. LINCOLN is a corporation with its principal address in the State of Nebraska that 

is authorized to transact and is transacting business in the Southern District of 

Florida.

4. Venue is proper in this District under 29 USC 1132 (e)(2), in that the defendant, 

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

Florida and “may be found” in the Southern District of Florida.

FACTUAL ALLEGATIONS

5. This case arises out of the purposeful, unwarranted and unlawful denial of 

disability benefits to HAFFNER by LINCOLN.

6. HAFFNER was at all times material an employee of or former employee of Rock 

Central. 

7. By way of her employment at Rock Central, HAFFNER was at all times material 

a plan participant under Group Disability Income Policy GF3-880-054471-01 (the 

“LTD Policy”), which is a Long Term Disability insurance policy issued and 

insured by LINCOLN for employees of Rock Central, who is the plan Sponsor. 

It is pursuant to Policy GF3-880-054471-01 that HAFFNER is entitled to benefits. A 

copy of the LTD Policy has been attached hereto as Exhibit “A.”

8. The LTD Policy is an employee welfare benefit plan within the meaning of Title 

29, USC § 1002 and regulated by ERISA.

9. LINCOLN is the insurer of benefits under the LTD Policy and was the Plan 

Administrator or was appointed by the Plan Administrator as the named fiduciary 

for deciding claims for benefits under the LTD Policy and for deciding any 

appeals of denied claims.

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10. As the decision maker and payer of plan benefits, LINCOLN administered the 

claim with a conflict of interest and the bias this created affected the claims 

determination. As such, LINCOLN is not entitled to a deferential standard of 

review.

11. Pursuant to the terms and conditions of the LTD Policy, HAFFNER is entitled to 

LTD benefits for the duration of her disability, or until age 67 years so long as she 

remains disabled as required under the terms of the LTD Policy. 

12. According to the LTD Policy,

"Disability" or "Disabled" means:

1. For persons other than pilots, co-pilots, and crewmembers of an aircraft:

...

i. if the Covered Person is eligible for the 24 Month Own Occupation

benefit, "Disability" or "Disabled" means that during the

Elimination Period and the next 24 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; and

ii. thereafter, the Covered Person is unable to perform, with

reasonable continuity, the Material and Substantial Duties of Any

Occupation.

13. Since approximately September 30, 2020, HAFFNER has been disabled under the 

terms of the LTD Policy. 

14. After becoming disabled, HAFFNER made a timely claim to LINCOLN under the 

LTD Policy for disability benefits and benefits were approved and eventually paid

for the period of December 30, 2020 to January 2, 2022. Benefits beyond January 

2, 2022 have been denied. 

15. By letter dated January 1, 2022, LINCOLN informed HAFFNER that it was 

denying her claim for continuing LTD benefits beyond January 2, 2022 as 

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LINCOLN now believed that HAFFNER did not meet the definition of disability 

in the policy. 

16. HAFFNER timely and properly appealed LINCOLN’s January 1, 2022 denial 

letter. 

17. By letter dated May 17, 2022, LINCOLN informed HAFFNER that it was 

affirming its previous decision to deny HAFFNER’s claim for LTD disability 

benefits beyond January 2, 2022 and informed HAFFNER that her administrative 

remedies had been exhausted. 

18. At all relevant times, HAFFNER complied with all conditions precedent and 

exhausted all required administrative remedies under the LTD Policy.

19. At all relevant times, as a result of Injury or Sickness, HAFFNER has been unable 

to perform the Material and Substantial Duties of her Own Occupation. 

20. At all relevant times, as a result of Injury or Sickness, HAFFNER has been unable 

to perform, with reasonable continuity, the Material and Substantial Duties of 

Any Occupation, as such is defined by the policy. 

21. At all relevant times, HAFFNER has been under the regular care of a doctor.

22. At all relevant times, HAFFNER was a Covered Person under the LTD Policy.

23. From January 2, 2022 through the present date, HAFFNER has not received 

benefits owed to her under the LTD Policy, despite HAFFNER’s right to these 

benefits.

24. LINCOLN has refused to pay HAFFNER’s claim for LTD benefits beyond 

January 2, 2022.

25. At all relevant times, LINCOLN was the payer of benefits.

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26. At all relevant times, LINCOLN was the “Insurance Company” identified 

throughout the LTD Policy.

27. At all relevant times, LINCOLN was the Plan Administrator or was appointed by 

the Plan Administrator as the named fiduciary for deciding claims for benefits 

under the LTD Policy and for deciding any appeals of denied claims.

28. At all relevant times, HAFFNER has been and remains Disabled and entitled to 

LTD benefits from LINCOLN under the terms of the LTD Policy.

29. HAFFNER has been forced to retain the services of the undersigned counsel in 

order to prosecute this action and is obligated to pay a reasonable attorney’s fee.

CLAIM FOR BENEFITS, ENFORCEMENT AND CLARIFICATION OF 

RIGHTS, PREJUDGMENT AND POSTJUDGMENT INTEREST AND 

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

30. HAFFNER incorporates Paragraphs 1 through 29 as if fully set forth herein.

31. This is a claim to recover benefits, enforce rights, and clarify rights to future 

benefits under 29 U.S.C. §1132(a)(1)(B).

32. Pursuant to 29 U.S.C. §1132(a)(1)(B), HAFFNER, as a participant under the LTD 

Policy, is entitled to sue for judicial determination and enforcement of benefits. 

33. HAFFNER has no other adequate remedy at law to address the injuries she has 

suffered and will continue to suffer as a result of LINCOLN’s failure to pay her

continued claim for disability benefits. 

34. HAFFNER has exhausted all administrative remedies under the LTD Policy.

35. Defendant breached the LTD Policy and violated ERISA in the following 

respects: 

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(a) Failing to pay LTD benefit payments to HAFFNER

at a time when LINCOLN knew, or should have known, that 

HAFFNER was entitled to those benefits under the terms of the 

LTD Policy, as HAFFNER was disabled and unable to work and 

therefore entitled to benefits. 

(b) Failing to provide a prompt and reasonable 

explanation of the basis relied upon under the terms of the LTD 

Policy documents, in relation to the applicable facts and LTD 

Policy provisions, for the termination of HAFFNER’s claim for 

LTD benefits; 

(c) After HAFFNER’s claim was terminated in whole 

or in part, LINCOLN failed to adequately describe to HAFFNER

any additional material or information necessary for HAFFNER to 

perfect her claim, along with an explanation of why such material 

is or was necessary.

(d) LINCOLN failed to properly and adequately

investigate the merits of HAFFNER’s disability claim and failed to 

provide a full and fair review of HAFFNER’s claim. 

36. HAFFNER believes and thereon alleges that LINCOLN wrongfully terminated 

her claim for disability benefits under the LTD Policy by other acts or omissions 

of which HAFFNER is presently unaware, but which may be discovered in this 

future litigation and which HAFFNER will immediately make LINCOLN aware 

of once said acts or omissions are discovered by HAFFNER. 

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37. Following the termination of benefits under the LTD Policy, HAFFNER

exhausted all administrative remedies required under ERISA and HAFFNER has 

performed all duties and obligations on her part to be performed under the LTD 

Policy.

38. As a proximate result of the aforementioned wrongful conduct of LINCOLN, 

HAFFNER has damages for loss of disability benefits in a total sum to be shown 

at the time of trial.

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

HAFFNER’s claim for benefits, HAFFNER, in pursuing this action, has been 

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

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

40. The wrongful conduct of LINCOLN has created uncertainty where none should 

exist, therefore, HAFFNER is entitled to enforce her rights under the terms of the 

LTD Policy and to clarify her right to future benefits under the terms of the LTD 

Policy. 

REQUEST FOR RELIEF

WHEREFORE, CHERYL HAFFNER prays for relief against THE LINCOLN 

NATIONAL LIFE INSURANCE COMPANY as follows:

1. Payment of disability benefits due to Plaintiff; 

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

the LTD Policy, with all ancillary benefits to which she is entitled by 

virtue of her disability, and that benefits are to continue to be paid under 

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the LTD Policy for so long as Plaintiff remains disabled under the terms of 

the LTD Policy; 

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

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 pre-judgment and post-judgment interest as allowed for under 

ERISA; and 

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

DATED: September 30, 2022

ATTORNEYS DELL AND SCHAEFER,

CHARTERED

Attorneys for Plaintiff

2625 Weston Road

Weston, FL 33331

(954) 620-8300 

 

S/ Rachel Alters

RACHEL ALTERS, ESQUIRE

Florida Bar No: 106232

Email: rachel@diattorney.com

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