Our client, a financial currency trader, purchased a long term disability policy from Unum more than 10 years before she was forced to file a claim. Our client was a successful currency trader with a history of depression and bouts of severe fatigue, who, due to her conditions stopped working in January of 2008. For over 18 months she was unable to get out of bed most days, let alone remember or consider the disability insurance policy she had purchased many years before.
In August of 2009, with the assistance of her family, she filed a claim for long term disability income benefits under her Unum policy based on her depression and chronic fatigue. Unum immediately informed her of the notice of claim and proof of loss provisions in her policy, which establish the deadlines for the filing of information. Additionally, they began to request numerous documents of her, many of which were no longer available, as her former employer was no longer in business.
Overwhelmed by the situation and facing financial hardships they contacted Dell and Schaefer at the end of November 2009, to take over the handling of the claim.
Faced with the challenge of the unavailability of information crucial to establishing her claim for benefits, attorneys Gregory M. Dell and Stephen F. Jessup began gathering medical records, as well as documents they knew from experience would assist in establishing and re-creating information as to her pre-disability job duties. In January of 2010, attorneys Dell and Jessup responded in full to Unum’s request for information, and provided argument as to her entitlement to benefits despite the unintentional late filing of the claim. In March of 2010, Unum agreed to issue benefit checks for total disability retroactive to August of 2009. Attorneys Dell and Jessup continue to provide information to Unum and make argument for our client’s entitlement to benefits retroactive to the date she ceased working.
Notice of Claim and Proof of Loss Provisions establish extremely important timelines for the filing of a claim for benefits. Failure to adhere to these provisions could potentially jeopardize an entire claim.