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


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Don (Florida)

I called this firm a few months ago completely disparaged due to a company cutting off disability benefits at a time that nearly caused me to lose everything.

Attorney Alex Palmera and Danielle worked hard to reach an amicable settlement and my case was settled a few months later. This is a good firm and the specific expertise in disability claims saved me countless hours of hassle at a time when an already fragile state existed.

Thank you Mr. Palamara and Danielle.

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I have nothing but good things to say about how my buyout was handled with my disability claim. The level of professionalism was amazing. All of my questions and concerns were answered either by Danielle L. or Alex P. in such a timely manner and with such care I would recommend them in a heartbeat to anyone needing to approach their provider with buyout options.

They did a fantastic job communicating between the provider and me, always keeping my best interest at heart and always answering my many many questions. They really did take most of the stress out of this whole situation. I would give them a 10 out of 10 for every step of this crazy journey. Thank you so much for helping me through this.

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