Lincoln Nebraska man suffering from fibromyalgia and chronic fatigue syndrome sues UNUM when he is denied disability benefits

UNUM Life Insurance Company of America has refused to honor its obligation to provide Scott A. Boles with his disability insurance benefit income even though Mr. Boles qualifies for benefits stipulated in two UNUM Life Insurance Company disability insurance policies. UNUM denied Mr. Bole’s disability insurance benefits on both his individual disability policy, on which he has paid all premiums on time and in full since 1994, as well as an employee group disability policy from his employer that has been in effect since 2006.

Boles purchased his individual UNUM disability policy in 1994. He dutifully paid all the premiums on that disability policy on-time and in-full since the initiation of the policy. As for the group insurance policy, Mr. Boles has been entitled to benefits under a Telesis, Inc. group long term disability insurance policy issued through UNUM to Telesis since 2006. Telesis, Inc.’s paid the premiums of this employee policy which constituted an employee welfare benefit plan in accordance with ERISA (the Employee Retirement Income Security Act of 1974).

An original shareholder of Telesis, Inc., Mr. Boles managed several of Telesis’ various Lazlos Restaurants until he became disabled in October 2007. Succumbing to several medical conditions, Mr. Boles ceased working for Telesis, Inc. because he was unable to fulfill his work duties. Mr. Boles was diagnosed with several debilitating conditions, including fibromyalgia, chronic fatigue syndrome and neurally mediated hypotension. With symptoms that include incapacitating fatigue, orthostatic intolerance, memory loss, impaired concentration, mental confusion, ataxia, weakness, joint pain and light-headedness, Mr. Boles was forced to discontinue working at his managerial position, and applied for his disability income benefits under both his individual and group disability UNUM policies.

Denial of Boles’s disability insurance benefits

UNUM denied Boles his long term disability insurance benefits under both policies, stating that Mr. Boles’s medical condition did not constitute a claim of disability under the terms of either his individual disability policy or his group employee disability policy. Mr. Boles appealed both claims a second time, again, through UNUM’s appeal process and was again denied his disability benefits.

Boles’s disability lawyers file a lawsuit against UNUM

UNUM’s denial of disability insurance benefits to Mr. Boles resulted in Mr. Boles’s Lincoln, Nebraska disability attorneys filing a two-count disability complaint against UNUM Life Insurance Company of America in the United States District Court of Nebraska. According to the first-count of the disability complaint, UNUM’s denial of disability insurance benefits to Boles under Telesis, Inc.’s group policy was wrong in that UNUM had a conflicted role in the decision to deny Boles’s benefits since the insurance company acted as both the insurer and Telesis, Inc’s delegated benefits decision maker.

As for the second count of Boles’s disability complaint, his Nebraska disability attorneys argue that Boles’s individually-purchased disability income insurance policy was not a part of an employee welfare benefit plan, was not governed by ERISA and that Boles’s condition constitutes a disability under the terms of the policy. Consequently, UNUM’s decision to deny Boles his disability benefits breaches the contract between Boles and UNUM.

In both counts, Boles’s Nebraska disability attorneys request that the Court require UNUM to pay Mr. Boles his disability benefits from October 10, 2007 through the duration of his disability, award Boles reasonable attorney fees and that UNUM bear the tax costs of the action. In addition, in the second count of the disability complaint, Bole’s disability attorneys demand a jury trial to decide the outcome of the denial of Mr. Bole’s disability benefits.

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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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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.

What are your fees?

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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It was a pleasure working with Dell & Shaefer. Mr. Palamara was very professional, courteous, and respectful of my situation. He worked quickly and efficiently to resolve my disability dispute with a positive outcome. The paralegal, Danielle, was extremely helpful and polite.

The firm of Dell & Schaefer was responsive to my request for assistance in obtaining the disability claim owed to me. I have only praise for their help in resolving my situation. Thanks.

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