SCRANTON – A Tunkhannock man is alleged to have failed to pay in full the amount of disability benefits he was overpaid.

The P&G Health & Longterm Disability Plan, formerly known as The Procter & Gamble Disability Benefit Plans, filed a complaint on Nov. 15 in the U.S. District Court for the Middle District of Pennsylvania against John Danko citing the Employee Retirement Income Security Act.

According to the complaint, the defendant was employed by Procter & Gamble in Mehoopany and applied for disability benefits in December 2012. The suit states that per the terms of the initial benefit plan, the defendant agreed that any benefits he received from the plaintiff would be reduced if he received any governmental benefits.

The plaintiff holds Danko responsible because the defendant allegedly failed to inform it that he was awarded Social Security disability benefits and that it overpaid him $22,406. The suit states the defendant has paid some of the money, but $15,679.71 is due and owing.

The plaintiff seeks judgment against the defendant for $15,697.71 plus interest, court costs, recovery of any plan losses resulting from the over payments and any profits, plus any further relief the court grants. It is represented by Roger Mattes Jr. of Mattes & Mattes PC in Scranton and Christian A. Jenkins and James D. Ludwig of Minnillo & Jenkins Co. LPA in Cincinnati, Ohio.

U.S. District Court for the Middle District of Pennsylvania case number 3:17-cv-02095-JMM

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U.S. District Court for the Middle District of Pennsylvania

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