PITTSBURGH – Two West Virginia residents are alleged to have failed to inform a medical plan that they divorced and that the ex-wife continued to unlawfully receive benefits.
Board of Trustees of the Greater Pennsylvania Carpenters' Medical Plan filed a complaint on Nov. 2 in the U.S. District Court for the Western District of Pennsylvania against James Lee Acord and Nancy Jo Acord citing the Employee Retirement Income Security Act.
According to the complaint, James Lee Acord was a participant in the plaintiff's plan and that Nancy Jo Acord was a plan beneficiary before the couple's divorce in October 2015. The suit states that per the terms of the plan, a former spouse's coverage is terminated at the time of the divorce, but the defendants failed to notify the plaintiff of their divorce.
The plaintiff alleges that it provided Nancy Jo Acord medical and prescription coverage of $7,922.35 from October 2015 to September 2016. The suit states that the plaintiff requested reimbursement from the defendants but no payments were received.
The plaintiff seeks judgment against the defendants in an amount not less than $7,922.35 for medical and prescription claims, plus court costs, interest and any further relief this court grants. It is represented by Andrew L. Ciganek and Stephen J. O'Brien of Stephen J. O’Brien & Associates in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case number 2:17-cv-01428-DSC