Tempur employee suffering from chronic fatigue syndrome sues Union Central Life for denial of disability benefits

A federal lawsuit was recently filed in the U.S. District Court in Pennsylvania against the Union Central Life Insurance Company (Union) by a Pennsylvania disability attorney. The Plaintiff, Janet G., worked as a Direct Sales Supervisor for Tempur World, Inc. (Tempur). Due to her employment at Tempur, Janet was provided long-term disability insurance with Union Central.

In this case, the Plaintiff filed a disability lawsuit to recover payment of long-term disability insurance benefits.

Case Facts Against Union Central Life Insurance Company

The Plaintiff worked as a Direct Sales Supervisor until September 17, 2004 when she became disabled due to Chronic Fatigue Syndrome and was no longer able to perform her essential duties of her Own Occupation as a Direct Sales Supervisor. Plaintiff filed for and received short-term disability benefits from Union. Union then determined in March 2005 that Plaintiff was also eligible for long-term disability benefits. Union paid the Plaintiff long-term disability benefits for the first 24 months as stated by the terms of the Policy.

According to the terms of the Policy, the long-term disability benefits could only continue if the Plaintiff was prevented from performing the essential duties of any occupation for which she was qualified for via education, training, or experience.

As the Plaintiff was still disabled after the 24-month period, Union continued to pay long-term disability benefits.

Union Terminates Plaintiff’s Long-Term Disability Benefits

Via letter dated March 5, 2010, Union terminates Plaintiff’s long-term disability benefits based on the reasoning of internist Dr. V., a graduate of Guntur Medical College in India. Dr. V. claimed that the Plaintiff was disabled due to fatigue and depression, not Chronic Fatigue Syndrome, thereby violating the terms of the Policy and supporting grounds for a termination of benefits.

By letter on August 2, 2010, Plaintiff appealed Union’s decision to deny benefits.

By letter on November 1, 2010, Union denied Plaintiff’s appeal, citing the opinion of another internist, Dr. C. to support its decision to deny benefits.

Plaintiff has exhausted all administrative remedies, which has led to the filing of this lawsuit against Union.

Lawsuit Filed By Disability Attorney Against Union

The lawsuit states that Union failed to provide the following to the plaintiff:

Plaintiff Seeks Following Relief From Union Lawsuit

Due to Union actions, Plaintiff wants the Court to provide the following relief:

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Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Union Central. 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 Union Central.

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

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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.

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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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Dell & Schaefer has been great to work with and very responsive to my needs. After I was diagnosed with an incurable chronic health disorder (Meniere’s Disease) which rendered me unable to work, I had applied for long term disability after working with the same company for 36 years. The insurance carrier was great to work with until my short term disability had expired. After over a month without any income, no communication; except to contact me to question me about my job performance, I started to pressure them to take action on my long term disability application.

They told me that it would be another month before they could get back to me. At this point I felt the situation was hopeless. I contacted Dell & Schaefer, they immediately responded and quickly contacted the insurance carrier via letter. Two weeks later I was approved. I have had excellent experience with the firm. They keep me informed and always respond in a timely manner. They are proactive and provide great support when I need to respond to any requests from my insurance carrier.

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