When neither the Insurance Company nor the Claimant Can Produce the Original Disability Policy, the Burden is on the Plaintiff to Prove the Terms of His or Her Policy
Be Sure To Maintain a Copy of Your Original Disability Policy
It is extremely important to make sure you maintain a copy of your disability policy once it is initially provided by your insurance company. If your policy is lost, it is possible that your insurance company may be able to provide you with a copy, but they are not obligated to do so, nor are they obligated to maintain one. In order to make sure that your insurance company abides by the terms of your policy, it is pertinent that you keep your policy in a safe place where it can be found several years down the road should you need to file a claim.
Claimants often misplace their policy and rely on the insurance company to provide them with a copy. However, more often than not, the insurance company does not retain a copy of the policy. Courts tend to rule that it is the plaintiff’s burden to prove the terms of his or her policy, and if they cannot produce the policy, then the ruling is often in the favor of the insurance company.
In the recent case of Beasley et al v. Unum out of the Eastern District of Michigan, the Plaintiff was insured under an ERISA governed plan with Unum and became disabled in 1979. Unum paid his benefits for several years and then terminated them once the Plaintiff turned 65. The Plaintiff appealed the decision and then brought suit against Unum claiming that the original policy did not contain a provision terminating benefits at age 65, claiming the benefits were to be paid throughout his lifetime. Unum did not have a copy of the original policy, but argued that the specimen policy states benefits terminate at age 65.
Unfortunately for the Plaintiff, he also could not produce a copy of the original policy, arguing that it was Unum’s burden to maintain a copy of the policy as well as to establish the terms and conditions of the policy. The Court disagreed, granting summary judgment for the Defendant, Unum, holding that the Plaintiff has the burden to establish entitlement to benefits. Therefore, the plaintiff was not entitled to receive any benefits beyond age 65 from Unum in accordance with the terms of the specimen policy.
The above case demonstrates how important it is to maintain a copy of your original policy and not to rely on your employer or insurance carrier to do so. If you fail to do so you could lose your rights to your disability benefits.
Resources to Help You Win Disability Benefits
Get Your Unum Disability Application Approved
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Q: Does UNUM periodically review Group Long Term Disability Insurance claims/payments? For example, do they verify medical eligibility every five or ten years?
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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.
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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.