A former Broadcom Corporation employee is suing his employer as well as the benefits plan provider because they stopped payments even though he remains disabled, according to a recently filed Unum disability insurance lawsuit.
Plaintiff Phi Nguyen alleges he has a number of “serious lumbar and cervical issues” and a “fracture of the head radius,” among more than a dozen other conditions, according to his Unum lawsuit. He also suffers from glaucoma, the disability insurance lawsuit says, which makes it “impossible for Mr. Nguyen to work full-time in a job where he must regularly use a computer.”
The former product engineer for Broadcom was granted his benefits in 2010, according to his Unum disability class action lawsuit attorney. It was not until March 20, 2013 that claim denial specialists decided that he did not meet the definition of disability pursuant to his policy, although the Unum lawsuit alleges that none of the conditions have improved since the first approval.
The Unum lawsuit also alleges that the person who made the determination used the Dictionary of Occupational Titles that defines workplace demands, which is “extremely outdated, and does not account for current technology, including extensive use of a computer.” Further, the Unum disability class action lawsuit attorney argues that there was no in-person evaluation and that a secondary review was performed by someone who has been used repeatedly by Unum for such services.
Unlike many other complaints regarding Unum disability insurance, there is an issue regarding the policy document. Nguyen is seeking back benefits with interest as well as the immediate resumption of payments, as well as a penalty of $110 per day because Unum failed to provide the benefits to him. Pursuant to the definition of the Unum disability insurance plan, he is also seeking “future life insurance premium waiver benefits.”
The Unum disability insurance lawsuit is Phi Nguyen v. Unum Life Insurance Company, et al., Case No. 14-cv-01880, in the U.S. District Court for the Northern District of California.
In general, Unum lawsuits are filed individually by each plaintiff and are not class actions.
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