Question

Can I file a harassment suit against Unum?

Asked on May 9th 2013 by Carol
Unum just ended my claim saying “the definition of my disability” changed at 2 years. I have had 3 different failed procedures for neck pain, an impinged left shoulder for more than 1.5 years, even post surgery. Unum always “acted” concerned and wanted to know who I had appointments with. They would send forms to doctors before I had even met the Dr. I had 2 different Dr.’s walk into the room & the first thing they asked was who were these forms from & why are they asking to be completed at my first appointment. I feel (unfortunately) the doctors had an attitude about me before they even met or examined me. Even the last visit with my primary care physician, she told me they were calling her about restrictions & limitations. I apologized to her (even though I shouldn’t have to), she said she tried to explain to them she was just returning from maternity leave & “just catching up on her patients”. Unum knew I was being treated by specialists I was referred to by this Dr., but they just weren’t getting the answer they wanted to hear. Finally, a Sports Medicine Dr., that I hadn’t seen in more than a year, just (apparently) wrote I had no restrictions or limitations, even though the surgeon I had been seeing for 9 months said different & my FCE said different. I’ve had 8 months of outpatient PT & daily at home for neck & shoulder. I was called 3 times in a week by Unum Rep to tell me she was “recommending my claim end”. Every time I would respond, “oh, so that decision is final?”, her response was “no, it wasn’t final, but I should be aware for financial reasons”. I requested a copy of my file, which does not look very complete to me. Today I sent them a letter requesting only a copy of a call log giving me the date & reason either they called me or I called them. I have complained to their public relations department. It’s pretty sad when a judge that doesn’t have an “MD” behind his name can read and understand my medical records, but a company that I have dealt with for 27 months can’t. They out & out harass their clients and even physicians. I think it’s rotten that a company would call a doctors office & request to speak to the doctor, instead of just getting the med records from the Med Record Dept. & be able to read & understand them. No wonder Dr.’s don’t have much time to spend with their patients anymore. That Dr. is being paid by me & my insurance, NOT UNUM… yet they feel it’s fine to waste that Dr.’s time with their phone calls. Has anyone ever filed just a harassment suit against them? If so, did it do any good? I appreciate your time & letting my vent about this company. As I have time & am able to write (short periods at a time), I will be writing a letter to the State Attorney Generals, Consumer Affairs and the CEO of the company I was employed with (where I purchased the LTD policy). Is this normal for LTD companies to conduct in this manner? Any answers you could provide would be appreciated.

Answer

Answered on May 10th 2013 by Attorney Stephen Jessup

Carol, unfortunately you are not alone in your frustrations. However, under long term disability policies governed by ERISA, there is no legal recourse for any harassment. Legal remedies for the insured are limited to benefits owed. Your claim is an unfortunate re-minder that being approved for SSDI benefits is not a guarantee that your insurance carrier will continue to pay benefits. As it seems that your claim has not been finalised, please feel free to contact our office to discuss how we may be able to assist you.