A former HCBS sales manager diagnosed with lyme disease sues UNUM for disability claim denial

Mark Linder filed a lawsuit against UNUM Life Insurance Company of America (UNUM) in the United States District Court for the Middle District of Pennsylvania under ERISA, 29 U.S.C. § 1132. Linder was forced to seek Court mandated relief when his disability claim was denied by UNUM even though he was classified as totally disabled by his medical provider.

Linder has petitioned the Middle District Court of Pennsylvania for his past due short term and long term disability benefits, future payments of those benefits, attorney fees and expenses he has had to pay in an attempt to receive his disability benefits, and any other relief the Court sees fit to award him.

Linder’s is Disabled by Lyme Disease

Linder, a former Branch Sales Manager at HCBS suffers from multiple medical conditions as a result of Lyme Disease. With symptoms that include dizziness, balance problems, unsteadiness, joint stiffness, tremor, weakness and severe memory lapses, Linder cannot sustain “performance of any work activities on a consistent basis.”

In addition, Linder takes multiple prescribed medications that include narcotic pain relievers for the chronic pain and multiple symptoms he suffers from, which adds to his disabling condition. According to Linder’s physician, Linder has a documented medical history that verifies that he is unable to work, is totally disabled, and thus eligible for his disability benefits as described in his UNUM disability insurance plan.

Linder Hires A Disability Attorney To File His Disability Lawsuit

Having exhausted all his options for administrative procedures to obtain his rightful short and long term disability benefits, Linder was forced to hire a disability attorney to pursue disability benefits from UNUM.

Linder’s UNUM disability benefits policy was effective on January 1, 2005. On April 4, 2006, Linder officially stopped working as a result of Lyme Disease. He officially became disabled on April 5, 2006, at which time Linder filed for, and was awarded, short term disability benefits by his employee disability plan provider, UNUM. With no improvement in his health, Linder filed for his UNUM long term disability benefits in December of 2006 and was granted long term disability benefits on December 24, 2006. All was well until on April 9, 2008, Linder received notification that his long term disability benefits were being denied, and he was told he had a 180-window of time to appeal that decision.

As expected, Linder filed an ERISA administrative appeal on September 26, 2008 and requested an administrative review of his case. At the time of the appeal, Linder supplemented his medical documentation that stated that Linder was totally disabled and unable to perform his work duties. Consequently, UNUM extended Linder’s disability benefits through February 12, 2009, but in November 2008, UNUM informed Linder that they would not approve his disability benefits beyond February 12, 2009. So, Linder filed another ERISA administrative appeal on January 7, 2009 and submitted more information and medical records to show his total disability status. In response, according to Linder’s disability attorney, UNUM “discounted the opinions of Plaintiff’s treating physicians, among others and the documented limitations from which Plaintiff suffers including the effects of Plaintiff’s impairments on his ability to engage in work activities.”

Linder’s Disability Attorney Files Complaint On Behalf of Linder

Having gone as far as he could in appealing his disability claims through administrative methods, Linder turned to a disability attorney for help. Alleging that UNUM’s denial was based on a subjective opinion instead of facts, and claiming that UNUM neglected its contractual and fiduciary responsibility to Linder, Linder’s disability lawyer filed suit on Linder’s behalf claiming UNUM discontinued Linder’s disability benefits as a result of “an inherent conflict of interest,” that UNUM acted in an “arbitrary and capricious” way in administering the standards of Linder’s plan, that the UNUM Plan “fails to give the Defendant said discretion” in the matter, and demands that UNUM fulfill its fiduciary obligation and “furnish disability benefits according to the terms of the Plan,” which would support Linder’s claim that he is entitled to disability benefit payments from his insurance policy with UNUM.

Disability Attorneys Dell & Schaefer are passionate about helping individuals that have been denied Unum short or long term disability benefits. Learn more about the Unum disability lawsuit.


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I was injured at work. I did house keeping in a hospital. I tore just about everything imaginable in my knee. I was let go from my job, because I was no longer able to do ... read more >
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They closed my claim and I have been without income since they closed it

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I feel like Unum is giving me the runaround!

Reviewed by Rachelle H. on May 11th 2022   Verified Policyholder
I have contacted UNUM multiple times since I’ve needed them. I feel like they are giving me the runaround! Please help!
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Sent on May 11th 2022 by Attorney Stephen Jessup

Rachelle, the law provides certain timelines and deadlines with which to provide information or decisions. Please feel free to contact our office to discuss your situat... read more >

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Unum terminated my benefits with no warning

Reviewed by K. Potter on September 9th 2020   Verified Policyholder
I was told I was covered with Unum through my employer (continuum). I got an email today for my termination, no prior talks of infractions with attendance, no warnings, no... read more >
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Sent on September 9th 2020 by Attorney Stephen Jessup

K. Potter, termination as in your employment was terminated or a disability claim was terminated? If your employment was terminated and you had not filed a claim for di... read more >

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I've been trying to care care of my Unum benefits for over a year. They’ve been so rude

Reviewed by Tracey W. on August 30th 2020   Verified Policyholder
I have been trying to take care of my Unum benefits for over a year. I’ve called and back in November I did appeal letter, they say they never received. I did everything... read more >
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Sent on August 30th 2020 by Attorney Gregory Dell

Tracey, I am sorry to hear of your issues with Unum. We would love to learn more about your claim to see if we can get Unum to pay or if we can sue them with you. Pleas... read more >

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I've paid for STD for 20+ years. Now, I'm actually sick and can't get paid

Reviewed by Natalie on June 29th 2020   Verified Policyholder
My employer uses unum for short-term disability. I was hospitalized back on june 13 and discharged on june 25. I was admitted for double pneumonia and hypoxia, which I end... read more >
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Sent on June 29th 2020 by Attorney Rachel Alters

Natalie, hopefully your claim will be approved. If they deny the STD claim then you will need to appeal the determination.

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Unum thought I was fine to work. I wasn't

Reviewed by Elizabeth L. on May 21st 2020   Verified Policyholder
48 yoa dentist POTs Dx aug 22. Attempted to return to work initially but got sick. Was going to go back 2 days/wk in September but could not. Then did go back part time as... read more >
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Sent on May 21st 2020 by Attorney Stephen Jessup

Elizabeth, please contact our office to discuss the denial of your claim and your rights to pursue legal action against Unum.

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Unum has made me feel like a criminal

Reviewed by Kevin on February 6th 2020   Verified Policyholder
Hi, I am currently receiving LTD from UNUM. I used to work as a Radiologist Tech at Vanderbilt Medical Center in Nashville, TN. for about 10 years. Than I started having g... read more >
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Sent on February 6th 2020 by Attorney Gregory Dell

Kevin, I am sorry to hear all that you are going through and the stress this is causing you. The policy governing your claim likely does allow Unum to conduct an in-per... read more >

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