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:
- The long-term disability benefits that were owed to her under the terms of the Policy, a Policy to which the Plaintiff had paid all premiums, thereby insuring her under the terms of the Policy;
- A fair assessment of her claim, as the two expert opinions Union used to deny the Plaintiff’s claim were from internists and not from rheumatologists, who were the proper experts to provide competent opinions in the field regarding Chronic Fatigue Syndrome, thereby not providing solid grounds to terminate Plaintiff’s benefits;
- Not properly weighing the opinion of the Social Security Administration’s decision that Plaintiff is disabled due to Chronic Fatigue Syndrome in evaluating whether Plaintiff’s benefits should be terminated or not;
- Properly evaluating Plaintiff’s condition, conducting Functional Capacity Evaluation and other tests that cannot test fatigue, not providing solid grounds to terminate Plaintiff’s benefits.
Plaintiff Seeks Following Relief From Union Lawsuit
Due to Union actions, Plaintiff wants the Court to provide the following relief:
- All disability payments due as of March 5, 2010 through the time she remains disabled;
- A declaratory judgment that Plaintiff is disabled according to the terms of the LTD policy, which means that Plaintiff is entitled to all benefits ongoing as long as she fits the LTD terms of the policy;
- All prejudgment interest from March 5, 2010 through the date of the Judgment;
- All attorney’s fees, court costs, and reasonable costs;
- All other relief that is deemed just and proper by the Court.
Resources to Help You Win Disability Benefits
Submit a Strong Union Central Appeal Package
We work with you, your doctors, and other experts to submit a very strong Union Central appeal.
Sue Union Central
We have filed thousands of disability denial lawsuits in federal Courts nationwide against Union Central.
Get Your Union Central Disability Application Approved
Prevent a Union Central Disability Benefit Denial
Negotiate a Union Central Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Policy Holder Rating
Uses every dirty trick in the book
Unum is evil
Every month I get paid on a different date
They will do anything to not approve your claim
Reply
Don't trust them, they like to play games
Lyme Disease Disability Claim Denial
Disappointed with NY Life Disability Excuses
New York Life is a joke!
Why Must Your Disability Insurance Lawyer Understand Your Disabling Condition?
Disability Benefit Denial Reason #5 – Your Medical Evidence is Weak
Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company
Disability Benefit Denial Reason #3 - Video & Social Media Surveillance
How Do You Fight a Long-Term Disability Denial?
Disability Denial Reason #2 - Change of Disability Definition & Vocational Review
Disability Denial Reason #1 – Paper Review & IME
How to Apply for Reliance Standard Disability Benefits & Top 5 Reasons for a Claim Denial
Seven Surgeries and The Standard Still Denies Disability Insurance Benefits
Sun Life Wrongfully Denies Disability After Paying For 23 Months
Nurse Denied Long-term Disability Benefits by Lincoln After the Definition of Disability Changed
Lincoln Reverses Decision to Terminate LTD Benefits of Corporate Attorney after Dell Disability Lawyers Appeals the Decision
Transportation Manager with Brain Injury Wins Unum Disability Benefit Appeal
Prudential reverses decision to terminate LTD benefits of MRI Tech with Primary Progressive Multiple Sclerosis and degenerative Disc Disease
Engineer With Depression Wins Prudential LTD Appeal
New York Life Approves Disability Benefits for School Teacher With Multiple Sclerosis
Reviews from Our Clients







5 Ways We Help Get Your Benefits Paid
Our goal is to get your application for disability insurance benefits approved. Applying for disability insurance benefits can be a difficult process and the information you provide is critical. Most disability insurance companies look at your application in hopes of finding a reason to deny your claim. Your disability company will ask you to complete numerous forms, interview you, request lots of information, speak with your doctors and possibly request to have you examined by their hired gun doctor.
Through our experience of having helped thousands of disability insurance claimants, our disability insurance lawyers will guide you through the entire application process and give you the best chance to get your disability claim approved the first time.
If your disability insurance benefits have been wrongfully denied, then our disability insurance lawyers know exactly what it takes to get your disability claim approved. You only get once chance to submit an Appeal, therefore every piece of evidence that will support your disability claim must be included. The goal is to win your disability benefits at the Appeal level, but while preparing your Appeal you must consider how a federal judge will review your disability claim if your benefit denial is upheld.
Preparing a strong disability appeal package is an art that requires you to understand how the courts interpret your disability policy language, ERISA regulations / laws, and how to strategically present evidence in support of your definition of disability. We encourage you to contact any of our long-term disability attorneys for a free immediate review of your disability denial.
98% of the disability insurance lawsuits filed by our law firm have resulted in either the payment of benefits or a lump-sum settlement agreement. Our disability insurance attorneys have filed ERISA governed and private policy long term disability insurance lawsuits against every major disability insurance company in state and federal courts nationwide and we love fighting for the little guy against the multi-billion dollar insurance company giants.
We have recovered hundreds of millions of dollars for our clients and we would like the opportunity to provide you with a free review of your disability benefit denial. There are many complex factors in a disability benefit lawsuit and the legal battle to win long term disability benefits can be fierce.
Approval of long-term disability is a continuous process as every disability insurance company will evaluate your eligibility for benefits on a monthly basis. You can never let your guard down and assume that your disability company will continue to pay your benefits for as long as you think you need them.
Our disability insurance law firm offers a reasonable flat fee monthly claim handling service in which we handle every aspect of your long-term disability claim and do whatever it takes to make sure you are paid every month.
Let's discuss if a lump-sum settlement or buyout of your disability insurance claim is both available and makes financial sense for you. Our disability insurance lawyers have negotiated more than five-hundred million dollars in disability insurance buyouts and we know how to get you a maximum settlement. A disability insurance company is not required to offer a buyout and not every disability company offers them.
Questions About Hiring Us
We are disability insurance attorneys that know how to get your short or long term disability benefits paid. As a nationwide law firm we have helped thousands of disability insurance claimants throughout the United States to collect hundreds of millions of dollars of disability insurance benefits from every major disability insurance company.
Our attorneys have been able to either get our clients paid monthly disability benefits or obtain a one-time lump-sum settlement in more than 98% of our cases. Our disability insurance lawyers have seen it all when it comes to disability insurance claims and we know exactly what it takes for your disability claim to be approved.
We offer disability insurance attorney representation nationwide and we welcome you to contact any of our LTD lawyers for a free immediate review of your disability claim. We also invite you to visit and subscribe to our YouTube channel where we have more than 900 videos and regularly provide tips to help protect your disability benefits.
Our disability insurance attorneys help individuals that have either purchased a long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer. We have helped individuals in almost every type of occupation with monthly disability benefit payments ranging from $1,500 to $50,000.
Our clients include all types of employees ranging from retail associates, sales representatives, government employees, police officers, teachers, janitors, nurses, pilots, truck drivers, financial advisors, doctors, dentists, veterinarians, lawyers, consultants, IT professionals, engineers, professional athletes, business owners, and high level executives.
A strong understanding and presentation of the duties of your occupation is essential for securing disability insurance benefits.
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 insurance 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.
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.
No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via phone, email, fax, or video conferencing sessions. 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.
When you call us during normal business hours you will immediately speak with a disability insurance attorney. We can be reached at 800-698-9159 or by email. Lawyers and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.