Unum Sued By An Ophthalmologist And A BJC Healthcare Employee Who Both Were Denied Disability Benefits

Unum Life Insurance Company Of America (Unum) was sued in two different lawsuits filed in the Federal Courts of Missouri, by two plaintiffs who did not receive the long-term benefits that were entitled to them under the terms of their respective Plans that were issued and administered by Unum.

Western Division Case

In Dale L. v. Unum Life Insurance Company Of America, Administrator Of The Unum Disability Income Policy, Plaintiff through a Missouri disability lawyer filed this lawsuit due to his not receiving the disability benefits that were entitled to him under the terms of the Plan underwritten and administered by Unum. Plaintiff was employed as an ophthalmologist until he stopped working on October 25, 2000 due to degenerative and traumatic injuries that led to severe hearing loss and chronic back pain. This was shown to be caused by the Plaintiff moving an armoire.

Plaintiff filed an application for short-term disability benefits, which Unum granted. Plaintiff then filed an application for long-term disability benefits according to the terms of the Plan, which Unum initially agreed to pay. However, via letter on December 30, 2008, Unum denied further long-term disability benefits as defined in the Plan because Unum claimed the disability was caused by an illness, which limited the amount of payments according to the terms of the Plan. Plaintiff had 180 days to appeal this decision.

On March 1, 2010, Plaintiff requested an administrative review of the denial of benefits, supplying medical records and additional information to prove that he should be entitled to long-term disability benefits. However, on June 30, 2010, Unum affirmed its original decision and declared that Plaintiff had exhausted his administrative remedies. Due to this, the Plaintiff has filed this lawsuit.

Central Division Case

In Roxann P. v. Unum, the lawsuit was filed at the District Court in the Western District of Missouri Central Division because the Plaintiff seeks the withheld benefits that were to be provided under the terms of a disability insurance policy provided by her employer, BJC Healthcare, which was administered and funded by Unum.

As of May 19, 2008, the Plaintiff has ceased working due to being unable to perform the material and substantial duties of her regular occupation because of dementia that was caused by a stroke. She is also unable to perform the material and substantial duties of any gainful occupation for which she is reasonably fitted by education and has suffered a loss of 20% or more of her indexed monthly earnings.

Unum has refused to pay the benefits and issued a final decision on May 11, 2011. Due to exhausting all administrative remedies, Plaintiff has filed this lawsuit (more info about ERISA lawsuits & trials).

Relief Sought By The Plaintiffs

By filing these lawsuits, the Plaintiffs seek to gain the following relief from the Court:

Suing Unum for a disability denial? Tips from Attorneys Dell & Schaefer

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Our disability insurance lawyers help policy holders seeking short or long term disability insurance benefits from Unum. We have helped thousands of disability insurance claimants nationwide with monthly disability benefits. With more than 40 years of disability insurance experience we have helped individuals in almost every occupation and we are familiar with the disability income policies offered by Unum.

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Our lawyers help individuals that have either purchased a Unum long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer.

Our experienced lawyers can assist with Unum:

  • ERISA and Non-ERISA Appeals of Disability Benefit Denials
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Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

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No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

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