Recently one disabled employee of Scopelitis Garvin Light Hanson & Feary PC filed a lawsuit against the Unum Life Insurance Company of America (Unum) and Scopelitis Garvin Light Hanson & Feary PC Plan for the wrongful denial of disability benefits under the Employee Retirement Income Security Act (ERISA).
Case – Disability attorney filed complaint at the United States District Court Southern District of Indiana – Indianapolis Division
In Nancy Rose vs. the Unum Life Insurance Company of America, administrator of the Scopelitis Garvin Light Hanson & Feary PC Plan Long Term Disability, the plaintiff Nancy Rose, through an Indiana disability attorney, filed a civil suit against Unum at the United States District Court Southern District of Indiana – Indianapolis Division. The plaintiff filed the suit in order to secure disability benefits that she was allegedly entitled to under a disability benefits insurance policy that was underwritten and administered by Unum.
The plaintiff was formerly employed with Scopelitis Garvin Light Hanson & Feary PC as a Bookkeeping Assistant. Her duties on the job included filing, copying, faxing, e-mailing, word processing, etc. In addition, her physical duties included bending, carrying boxes, and reaching over her shoulder on a repetitive basis. As an employee she was covered under the UNUM Long Term Disability Plan. On July 10, 2009, the plaintiff stopped working due to medical conditions including lupus, fibromyalgia, intractable migraines, diplopia, blurred vision, and sleep apnea. She became disabled on July 13, 2009.
Filing Short and Long Term Disability Benefits With UNUM
After that, Ms Rose filed a claim with Unum for short term disability benefits and was approved on July 20, 2009. The benefits were approved until January 2010. The plaintiff then filed a claim for long term disability benefits and was approved from January 8, 2010 to May 5, 2010 for the amount of $1630.25 per month. After this, her long term disability benefits were denied. The plaintiff alleges that her Long Term Disability Benefits were wrongfully terminated by UNUM.
Denial of Long Term Disability
The plaintiff has provided medical evidence in support of her disability to Unum. Despite this evidence, after May 5, 2010, Unum terminated her long term disability benefits stating that she no longer met the definition of “disability”. As a result of this denial, the plaintiff submitted an ERISA Appeal which was subsequently denied. The plaintiff’s only remaining option was to file a lawsuit against UNUM.
Lawsuit Filed Against Unum
The plaintiff, Nancy Rose, hired a disability lawyer to file a lawsuit against Unum for the wrongful denial of her disability benefits. She is asking the court to reinstate her disability benefits and pay her attorney fees and costs.