Disability Attorney Alexander Palamara discusses a recent ruling by a Virginia District Court in a lawsuit filed against Unum Life Insurance Company of America. (Note: Attorneys Dell & Schaefer did not represent the claimant in this Unum lawsuit.) The claimant filed a disability claim, and received benefits for her migraine headache condition.
Unfortunately, her disability insurance policy contained a 24-Month Self-Reported Symptom Limitation. In her lawsuit she argued that objective diagnostic testing in the form of a brain MRI revealed evidence of her migraine headache condition. However, the issue was not whether the claimant could prove she had the migraine headache condition, but whether she could prove that she had a migraine headache right now.
The Court determined her condition fell under the 24-Month Self-Reported Symptom Limitation and upheld Unum’s denial. If your disability claim has been denied by Unum, or any other disability insurance company, as a result of the 24-Month Self-Reported Symptom Limitation, please feel free to contact any of our disability attorneys for a free consultation to discuss your disability insurance claim.