Radio personality files lawsuit against UNUM to recover disability benefits
A Radio Station employee and her Montana disability lawyer filed a lawsuit against UNUM Group in Montana Federal Court alleging that the insurer violated the Employee Retirement Insurance Security Act of 1974 (ERISA) when it wrongfully denied her entitled disability benefits per a policy she had with her employer, KMSO Radio.
As a shareholder in Sheila Callahan and Friends, Inc. d/b/a KMSO Radio, Sheila M. is entitled to disability benefits under a group policy. The Claimant fractured her ankle on May 14, 2009, underwent surgery to repair the break on May 22, 2009, and applied for disability benefits in July 2009. Not acknowledging receipt of the claimant’s claim until September 2009, UNUM still paid the claimant long term disability benefits from August 13, 2009 to February 12, 2010, but paid an incorrect amount of benefits because the insurer calculated her disability benefits payments by averaging her post-deduction income when they were supposed to calculate the amount of her disability benefits by using her gross income in the determination of her disability rate.
Background of the Disability and the Need for Disability Benefits
The claimant’s problems arose when the anesthesiologist present during her ankle surgery had “difficulty entubating (the claimant) for the administration of anesthesia. Spending a prolonged time in the operating room for her ankle surgery, (the claimant) emerged from surgery with speaking difficulties and problems projecting her voice.” As a radio personality, the claimant’s profession is dependent on voice projection. After the incident, prolonged speaking of more than five minutes caused the claimant to lose her voice entirely. Referred to a speech pathologist, the claimant found herself unable to perform the material and substantial duties of her occupation as a radio personality and thus was eligible for long term disability benefits.
In addition to underpaying the claimant’s long term disability benefits, UNUM also denied the claimant benefits after May 13, 2010, “asserting that she no longer satisfied the definition of disability” per her plan. In November 2010, the claimant appealed the insurer’s denial and provided the insurance company with affidavits “attesting to the continuation of her vocal problems as well as tax and income information in support of her claim.” In March 2011, UNUM denied the claimant’s appeal claiming that the “information it possessed” in reference to her disability was “insufficient to reverse the prior closure decision” and stated that the claimant “no longer satisfied the Plan definition of disability.”
The Claimant and Her Disability Attorney File a Complaint against UNUM
In her complaint, the claimant and her disability lawyer state that “despite numerous attempts by (the claimant) and her husband to rectify the error” in which the insurer ‘used a calculation other than the one provided in the terms of the Plan,” UNUM failed to properly address the problem. The Claimant had previously informed the insurer that the income amounts that she did receive were incorrect, but UNUM failed to re-calculate the amount or correct the situation. And on top of underpaying the claimant for the disability benefits they did provide, the insurer later terminated those same benefits even though her medical condition had not improved. Alleging that UNUM did not properly conduct a “reasonable investigation in its determination” of her disability benefit payment, the claimant and her disability lawyer request that the insurer restore losses to the claimant for its breach of fiduciary duties, re-instate her disability benefits, current, retroactive and future benefits per ERISA § 502(a)(2) and § 409(a), attorney’s fees and costs and any other relief the District Court “deems just and proper.”
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!
Reply
Unum terminated my benefits with no warning
Reply
I've been trying to care care of my Unum benefits for over a year. They’ve been so rude
Reply
I've paid for STD for 20+ years. Now, I'm actually sick and can't get paid
Reply
Unum thought I was fine to work. I wasn't
Reply
Unum has made me feel like a criminal
Reply
Unum keeps prolonging the process to approve my LTD benefits
Reply
I only needed Unum once and to no aviail. I got denied
Reply
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?
Q: Can I sue Unum for financial stress and emotional stress?
Q: Am I required to file for Social Security family/dependent benefits if I don't want to?
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?
Is UNUM a Good Insurance Company?
How Long Does UNUM Long Term Disability Last?
Can You Sue UNUM?
How Does UNUM Define Disability?
Beware of Traveling While on Disability with Unum
If I Sue Unum for a Disability Insurance Denial, What Should I Anticipate?
Unum Disability Benefit Denial Trends, A Legal Perspective
A New Bait and Switch Tactic by Unum Disability Insurance Company
Unum Approves LTD Benefits for Pharmacist with Eye Disorder
Billing Manager With Back Disorder Wins Unum Long Term Disability Denial Appeal
Unum Lifts Mental Health Limitation on Disability Claim
Unum Approves Long Term Disability Application to a Program Manager
After appeal filed by Attorney Jay Symonds, UNUM overturned previous denial of long term disability benefits for South Carolina Nurse
Unum Overturns Original Decision to Deny Benefits to Disabled Account Manager Following Appeal Submitted by Dell Disability Lawyers Appeals Team
After appeal filed by Attorney Jay Symonds, UNUM overturned its previous denial of long term disability benefits for Colorado Plumber
Disability Attorney Alexander Palamara Proves to Unum that Its Decision to Deny Benefits Was Wrong for Claimant Suffering from Heart Conditions
Reviews from Our Clients






