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
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
Q: Does UNUM periodically review Group Long Term Disability Insurance claims/payments? For example, do they verify medical eligibility every five or ten years?
Q: My group long term disability insurance allows me to work part time up to 20% of my pre-disability earnings without affecting my benefit. If I take advantage of this, will Unum use this to deny my benefit?
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Reviews from Our Clients
Very satisfied with the work of this team. Took well care of my case and took all the necessary time to be responsive and attentive when I had questions. Guided me through recovery and returning to normalcy. All thanks to Jason & Tabitha, thank you!
I’m extremely satisfied with the experience I have had with this firm from day one. The lawyer who has handled my case, Alex, is very efficient and attentive to all my questions and concerns. They are always aware of how my case has gone and they care about my health. I feel optimistic with them because they are very attentive during the process of my claim. I would not hesitate to recommend families and friends if in any situation they need their services. Kathleen as well has been very well and assisted me with this case. I highly appreciate everything they have done for me.
It’s unfortunate when disability insurance companies come after older disabled policyholders just to help their bottom line. It can be a living nightmare the damage they can do to a family. Dell Disability Lawyers are polite, understanding and knowledgeable. They call you back and answer any question you have no matter how unimportant it can be. The amount of stress they took off of myself and family was incalculable. I recommend them highly to take care of any disability case whether it be filing for benefits or reversing a claim decision. They are outstanding.
I could not have been happier or more appreciative of the hard work they performed on my behalf. I was well briefed on my case and it was closed in a timely manner with a financially successful resolution.
Mr. Symonds and Sonia as well as everyone else we have worked with throughout this process have been very helpful, professional and caring to our situation. We are very thankful to have this great team on our side.
Without them my LTD company was dropping my plan with me still suffering from my accident, even with doctor’s statements I’m still disabled. The LTD company didn’t want to advance my policy to the next stage of years of pay. Dell Disability Lawyers saved my policy, and helped to enforce the LTD company’s own policy (for its policy holder, me) that I would be covered still under the LTD policy I had paid for at my previous job, when my accident occurred. These lawyers know what they are doing and can help you too. LTD companies will try to drop you when you still need coverage just because they don’t want to pay on your policy anymore. Don’t let them break contract with ya because they are trying to get out of it. Hit em with legal action to ensure the continuation of your policy you paid for. Dell Disability worked very well for me and continue to do so.
I was denied long term disability benefits from The Hartford after being on it for years. I found Dell Disability Lawyers after doing research online. In a matter of days they responded and explained to me everything that would be done. Dell Disability Lawyers were able to settle my suit against The Hartford very quickly and responded to me quickly. I would definitely recommend this team of lawyers for anyone that is fighting for their disability insurance.
I have had nothing but a great experience with Dell Disability Law Firm. Mr. Alex Palamara and his team went above and beyond my expectations. They will respond to emails and phone calls in a timely manner. Thank you once again for taking my case.
This law firm is the best so far. MetLife denied me two times, they appealed two times for me and they won of course. So if you are on disability and want a chance at winning your case use this firm Dell disability lawyers, kind courteous understanding and they get the job done. You won’t be disappointed.