Federal Court Upholds Unum Disability Benefit Denial

An insurance company will not pay long-term disability benefits without some sort of assurance your condition is as dire as you claim. And the insurer will rarely take the claimant’s word for it. Every insurance company has in-house physicians, nurses and investigators to challenge each aspect of a disability claim. What you say to your own doctors, employers or others could come back to haunt you. The recent case against Unum Life Insurance Company of America provides a classic example.

An “Any Gainful Occupation” Definition of Disability

The claimant worked as a licensed physical therapy assistant at Tampa General Hospital, where he was covered under a group disability policy issued by Unum Life Insurance Company of American (“Unum”). The policy provided for two types of benefits – short-term benefits for disability payments in the first two years and long-term benefits for disability payments beyond the first two years. To qualify for ongoing benefits after 24 months of receiving disability payments under the policy, the claimant had to prove an inability to perform the duties “of any gainful occupation.” The policy defined gainful occupation as “an occupation that is or can be expected to provide you with an income at least equal to 60% of your indexed monthly earnings within 12 months of your return to work.”

The claimant sought benefits in December 2005 after suffering pain in his hip. A lack of blood supply to his hip caused him, earlier that year, to undergo two bilateral hip replacement surgeries. Doctors restricted the claimant from “any and all physical and mental work.” Unum approved the claim and made the disability benefit payments.

Unum periodically checked on the claimant’s condition. In each conversation, the claimant confirmed he was disabled from any work. He advised Unum his physicians told him “not to lift or carry, push or pull greater than twenty pounds” and that the restriction prevented him from working as a physical therapist because the job required moving patients. He reported his pain was constant and ranged from stiffness to throbbing pain. He further reported he probably could never return to work.

Unum Investigation Uncovers Claimant’s Injury Is Not So Disabling

When Unum investigated his ability to work in any gainful occupation, the insurance company learned the following from his doctors and former colleagues:

Based on these discoveries, Unum studied the jobs for which the claimant was suited. A vocational rehabilitation consultant concluded that the claimant could work as a museum scheduler, dispatcher or customer service representative – all of which would pay over 60 % of what he made as a physical therapy assistant. For this reason, Unum denied the claim.

Court Finds Unum Denial Is Supported

The claimant challenged the denial, raising numerous medical problems he continued to face. The Eleventh Circuit Court of Appeals – Florida’s highest federal court – upheld Unum’s actions and found that Unum had a reasonable basis to deny the claim.

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There are 2 comments

  • Angle,

    It would not be wise to purposefully omit information on any form you are required to sign.

    Stephen JessupJul 18, 2014  #2

  • I’m on longterm disablity through Unum. I’m starting vocational rehab. The Unum rep told me not to mention my injuries on the application. If it’s asked on the application he said leave it blank. He said wait until I get a interveiw and only tell if they ask. I told him that’s wrong; he said it was not.

    AngleJul 17, 2014  #1

FAQ

Do you help Unum claimants nationwide?

We represent Unum clients nationwide and we encourage you to contact us for a FREE immediate phone consultation with one of our experienced disability insurance attorneys.

Can you help with a Unum disability insurance policy?

Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Unum. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Unum.

How do you help Unum claimants?

Our lawyers help individuals that have either purchased a Unum long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Unum:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
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The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

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