Can You Sue UNUM?
If UNUM denies your long term disability insurance claim, can you sue? Generally, the answer is yes – but with some qualifications. Learn more about what a claimant may expect from the administrative procedures and appeal process they’ll need to pursue after UNUM has denied their disability insurance claim.
What to expect in a Group Policy (ERISA) lawsuit with UNUM
The vast majority of UNUM disability insurance claims Dell & Schaefer handles involve group disability policies, known as ERISA policies. These are different from individual disability insurance policies in that the claimant received the policy from their employer. Under an ERISA policy, a claimant must first file an administrative appeal. If this appeal is unsuccessful, the claimant may then file a lawsuit in federal court.
There are several unique elements to an ERISA disability insurance claim. First, once UNUM has denied a disability insurance appeal, the administrative record is closed. This means that even if you’re approved for Social Security Disability after the appeal is denied, this approval won’t make a difference to your subsequent disability insurance lawsuit, since it’s outside the scope of the administrative record. You won’t provide testimony before the judge, nor will your doctors be subpoenaed to testify – instead, the court will decide your case on a paper record, based only on the administrative evidence and the motions filed by the attorneys.
But the most important thing claimants should know about an ERISA disability insurance claim is about the burden of proof. To prevail in a disability insurance lawsuit, you’ll need to show two things – first, that you’re disabled (that is, you’re unable to perform some of the essential elements of your job); and next, that UNUM acted in an “arbitrary and capricious manner” by denying your claim for disability benefits. In other words, even if you’re disabled, if reasonable minds could differ on whether your disability prevents you from working, it’s unlikely that UNUM will be found to have violated the arbitrary-and-capricious standard of review.
An advantage of suing UNUM with a Group Policy (ERISA)
Although suing UNUM under an ERISA disability policy does present some challenges (such as the two-step appeal process and the arbitrary-and-capricious standard), it comes with some advantages as well. Disability claimants won’t need to come to court or testify, and after hiring Dell & Schaefer, you won’t need to do much work at all. Let us handle the heavy lifting of your disability claim and set aside any worries you may have had about the hassle of litigation or the lack of privacy associated with having to testify in open court about your medical conditions.
If your UNUM claim for disability insurance benefits was denied, give one of the experienced long term disability attorneys at Dell & Schaefer a call. By simply reviewing your denial letter and a copy of your long term disability policy, we’ll quickly be able to see whether we can assist you in fighting for the disability benefits you deserve.
Resources to Help You Win Disability Benefits
Submit a Strong Unum Appeal Package
We work with you, your doctors, and other experts to submit a very strong Unum appeal.
Sue Unum
We have filed thousands of disability denial lawsuits in federal Courts nationwide against Unum.
Get Your Unum Disability Application Approved
Prevent a Unum Disability Benefit Denial
Negotiate a Unum Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Policy Holder Rating
I feel like Unum is giving me the runaround!
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Unum terminated my benefits with no warning
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I've been trying to care care of my Unum benefits for over a year. They’ve been so rude
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I've paid for STD for 20+ years. Now, I'm actually sick and can't get paid
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Unum thought I was fine to work. I wasn't
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Unum has made me feel like a criminal
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Unum keeps prolonging the process to approve my LTD benefits
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I only needed Unum once and to no aviail. I got denied
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Q: How can I avoid multiple offsets of my private DI policies by my SSDI amount?
Q: Unum discontinued the "long term Buy out option" in 2014. I was never aware of or informed of this action by Unum.
Q: I was denied by Unum twice. What can I do?
Q: What can I do if Unum didn't pay for my injury?
Q: Can Unum threaten for fire me at the end of FMLA's 12 week time period? Can Unum deny my benefits if my company does not offer the work Unum think sI'm eligible to do?
Q: I have Unum disability insurance and they are asking me to speak with them on the phone before I even submit my application. Do I need to speak with them?
Q: Do you work on a percentage, hourly, or lump sum basis? How much does hiring an attorney cost?
Q: Is it possible to file for LTF for mental heatlh (burn out) reasons?
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