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 Disability Lawyers 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 Disability Lawyers, 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 Disability Lawyers 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.