Federal judge OKs class action status for suit against Unum Group

A federal judge Tuesday granted class-action status to a lawsuit that contends Unum Group, the nation’s largest disability insurer, schemed to deny or terminate claims of thousands of disabled Americans.

Jim Sabourin, a spokesman for the Chattanooga-based company, described the order as “procedural.” He said “it has nothing to do with the merits” of the 2003 lawsuit. The suit contends Unum Group violated the 1974 Employee Retirement Income Security Act, or ERISA, in claims handling, partly by creating secret documents in which non-medical employees set a “target date for cutting off future disability payments.”

The lawsuit was filed before 2004, when insurance regulators in 49 states agreed to settle an investigation of Unum Group’s claims handling, Sabourin said. That agreement required Unum Group, formerly UnumProvident, to reconsider about 200,000 claims and pay a $15 million fine. The company in March changed its name to Unum Group, which includes subsidiaries Unum Life Insurance Co. of America, Paul Revere Life Insurance Co., Unum National Insurance Co., and Provident Life and Accident Insurance Co.

Sabourin said the company as part of the 2004 agreement is almost finished reassessing claims denials and terminations. “It’s a procedural ruling focused solely on class certification,” Sabourin said. “The relief sought is exactly what we have been doing in the reassessment process through the past two years.” He said that of the reassessed claims “about 30 percent” of the initial decisions were changed.

The order signed by U.S. District Judge Curtis L. Collier shows the suit was filed by seven plaintiffs who are “insured under group long-term disability benefit plans’ policies underwritten and managed by UnumProvident’s subsidiaries.”

The plaintiffs contend the company denied more than 31,000 new claims from June 30, 1999 to the date of the suit filing and that at least 6,200 plan beneficiaries were “subjected to defendants’ alleged illegal claims practice.”

Collier in the class action order said “plaintiffs have not requested monetary relief. What they have requested is `declaratory relief determining the illegality of the conduct alleged and injunctive relief whereby UnumProvident and its subsidiaries are ordered to immediately cease, in all states of the United States of America, engaging in the offending practices.'”

Collier said that if the claims are proven true “some plaintiffs” may receive monetary relief. Unum shares rose 48 cents to $24.95 on the New York Stock Exchange Tuesday.

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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.

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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:

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Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

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Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

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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No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

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After practicing dentistry for 34 years, I was forced to stop working due to a long history of cervical degenerative disc disease and associated complications that impair my ability to practice my profession. When I learned that this was a permanent condition and I would likely never be able to practice again, I contacted Dell & Schaefer to assist me with filing my private disability insurance claim. I wanted the expertise and guidance of an experienced disability attorney from the beginning so that I would not be faced later on with having to undo problems I might unknowingly create on my own.

I was most fortunate to be represented by Mr. Steven Dell, who patiently answered each one of my questions and carefully steered me through every step of the disability claim process. He thoroughly got to know me, the history of my condition, and as my legal professional intermediary with the insurance company, guided me in compiling everything we needed for him to submit the claim for me. When Mr. Dell called to give me the good news that my claim had been successfully awarded and that he would continue to “be there” for me going forward, it was clearly confirmed to me that the key to this successful outcome was my decision, early on, to contact Dell & Schaefer.

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