A disability insurance lawsuit was recently filed in a Wisconsin federal court against the Unum Life Insurance Company of America.

The Unum lawsuit alleges that the disability insurance company improperly denied the plaintiff’s claim for disability insurance benefits and violated the federal Employee Retirement Security Act of 1974, also known as ERISA.

The Unum lawsuit was filed by plaintiff Michele L. of Massachusetts and a former special education teacher belonging to the Massachusetts Teachers Association.

While Michele was a member of the Massachusetts Teachers Association, Unum issued a disability insurance policy to eligible association members. Michele was eligible for the Unum benefits and became insured under the disability policy. Part of the disability plan included coverage for any accidental injuries or sickness.

According to Michele’s disability insurance policy, in order to receive Unum benefits for accidental injury or sickness the insured must be limited in performing the material and substantial duties of his or her profession.

The insured must also suffer at least a 20 percent loss in monthly earnings due to the disability, and after 24 months of payments Unum must determine if the insured is unable to perform any occupation, which he or she is fit to perform, based on education, training and experience.

The Unum lawsuit alleges that in October 2002 Michele became disabled under the terms of her Unum benefits policy. In 2003, Michele was diagnosed with fibromyalgia by a rheumatologist. Four months later, Michele sought a second opinion and that doctor confirmed her diagnosis of fibromyalgia.

Michele then submitted claim for disability insurance benefits and Unum made the disability payments for 11 years and eight months. According to the disability insurance lawsuit, Unum quit paying the long term disability benefits in 2015 after claiming Michele’s diagnosis was a “self-reported symptom” and she could no longer claim Unum long term disability benefits based on a specific clause in her policy.

Michele’s Unum lawsuit alleges that the disability insurance company was biased and had a conflict of interest in handling this case. Michele’s alleges her claim was handled with numerous procedural irregularities such as the refusal to perform a medical examination, failure to consider relevant facts and circumstances, and a demonstration of bias.

The Unum lawsuit is asking that Michele’s long term disability benefits be reinstated and retroactively paid.

Disability Insurance Lawsuits

Disability insurance attorneys are currently looking for other individuals who have suffered similar alleged wrongs from their disability insurance company.

Deciding to bring a disability insurance lawsuit is a big decision. A disability insurance attorney can help potential plaintiffs weigh the facts and circumstances of their individual cases. Successful plaintiffs may have their disability insurance payments reinstated and some may receive retroactive payments.

Lawsuits like these also help hold insurance companies accountable for their actions and remind these companies that they cannot take advantage of consumers rights.

The Unum Disability Insurance Lawsuit is Case No. 3:16-cv-27 in the United States District Court in the Western District of Wisconsin.