Question

Can I sue Unum for emotional distress while my appeal plays out?

Asked on December 23rd 2014 by Kin
I have one appeal left and I plan to file it once I have recovered from surgery. I requested a copy of my file nearly a month ago, and I still do not have it. I think this company is ridiculous. They are stalling for only God knows what reason. Here it is, Christmas and I am broke. I have no money for January bills. Can I sue for emotional distress while this last appeal plays out?

Answer

Answered on December 24th 2014 by Attorney Alex Palamara

Kin, If your policy is governed by ERISA, then you would not be able to sue for any extra-contractual damages - to include emotional distress. Please feel free to contact our office to discuss how we may be able to assist you in filing your final appeal.