Unum Wrongfully Terminated Disabled Lawyer’s Disability Claim of Depression and Anxiety Despite Improvement in His Condition
This Unum lawsuit and appeal in federal court is a great victory for all Unum disability claimants. This case supports all claimants that are disabled and claim that they cannot return to work as the requirements of their job will aggravate their symptoms and make them unable to work.
Mark was a personal injury litigation attorney, when he began struggling with symptoms of severe depression and anxiety. His symptoms reached a point that he was hospitalized and forced to discontinue his profession as a lawyer and the practice of law. Provident initially approved and paid his claim for 18 years, from 2000 to 2018.
In 2018, Unum began a medical review of his disability claim after receiving an update from Mark’s treating doctor that indicated that his symptoms had improved, that he had been able to discontinue his anti-depression medication and that he was able to remain stable with psychotherapy. His doctor also noted that he should not engage in any high stress activity or work. Unum obtained opinions from two psychiatric physician consultants who found that the medical records showed improvement and there was no longer evidence supporting that he was no longer capable of working as an attorney. Mark appealed but Unum denied his appeals despite receiving reports from Mark’s treating psychiatrist concluding that he could not return to work as a personal injury litigation attorney and affidavits from three attorneys describing the stressful nature and duties involved with being a litigation attorney.
Mark sued Unum in federal court and Unum counter-claimed seeking repayment of the 18 years of benefits that it had paid him from 2000 to 2018. The district court agreed with Unum that Mark was no longer disabled and could return to work as a litigation attorney but did not find that Mark was required to repay Unum the years of benefits he had previously received. Mark appealed the decision to the 6th Circuit Court of Appeals.
On appeal the court overturned the lowers court’s decision finding that although the reports and affidavits repeatedly suggested that Mark’s mental health had been improving since he stopped working as a personal injury litigation attorney, improvements in his health did not necessarily mean he could return working as a full-time personal injury attorney, especially since progress was likely attributable to his nearly two-decade abstention from practicing law.
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