Question

Unum stopped my COLA benefits at age 65

Asked on December 20th 2023 by Mike1958
I went out on disability in 1998 after failed laminectomy (L5-S1) and a failed cervical fusion (C7-T1). The Veteran Affairs recognized these conditions as service-connected from Army parachuting injuries (peace time) and granted me 40% low back, 40% cervical, and 10% hearing loss for a combined rating of 70%. 'But we are paying you at the 100% rate because you are unable to work.' On January 1, 2000, the Social Security Admin found in my favor and granted me Disability w/Medicare. I had full coverage with Unum at the time I went out and they had a real snit about it. But they were on the hook.

Over the years, since the original federal findings, my conditions have grown progressively worse. In 2015 I had a rather drastic neck surgery at Dartmouth-Hitchcock that resulted in almost all of the cervical levels being fused, the placement of 2 titanium rods, 2 cross-links, and 15 titanium screws. However, since 2015 I've also had a Total Left Reverse Shoulder Replacement (2020) and a Total Right Reverse Shoulder Replacement (2023). Now that I've put all this in context my situation is that Unum stopped my COLA benefits at age 65, but my employee handbook which contained my Unum Long-Term Disability Plan, states that: HOW LONG WILL UNUM CONTINUE TO SEND YOU PAYMENTS? 'UNUM will send you a payment each month up to the maximum period of payment. Your maximum period of payment is based on your age at disability as follows: AGE AT DISABILITY: Less than age 62 (I was 40) MAXIMUM PERIOD OF PAYMENT: To age 67. I submit to you that payments on my COLA should not have stopped at age 65, but per policy handbook, continue until age 67. Please note that I settled on the Primary Policy in 2016 hoping that those criminals in their Special Investigative Unit would stop harrassing me. They did not. But COLA payments continued. Per policy I want COLA to continue until age 67 with retro back to April 28, 2023, when they stopped payment at age 65.

Answer

Answered on December 19th 2023 by Attorney Rachel Alters

Unum policies usually only pay COLA increases until you turn 65 even if the policy pays longer.