A Florida man has filed a lawsuit against Unum Life Insurance Company of America after he was hit with what he claims was an unfair Unum disability claim denial.

The plaintiff, Aurelio V., was employed as an assistant vice president for HUB International Insurance Services. Through his employment, Aurelio was covered under a long-term disability policy from Unum Life Insurance Company of America, or Unum.

The long-term disability policy would provide monthly benefits should he become disabled, defined as “limited from performing the material and substantial duties of your regular occupation due to your sickness or injury; and you have a 20% or more loss in your indexed monthly earnings due to the same sickness or injury.”

While working for HUB International, Aurelio says he began suffering from a number of conditions that caused him to become disabled.

The Unum lawsuit lists the following conditions: “human immunodeficiency virus (HIV), hepatitis C, depression, cognitive impairments, unspecified neuro-cognitive disorder, coronary arteriosclerosis, coronary artery disease, hypertension, prostate cancer, urinary incontinence, and hyperlipidemia.”

These problems have meant that, since January 2003, Aurelio has been unable to perform the “material and substantial duties” of his work for HUB International, and he alleges has also lost more than 20% of his indexed monthly earnings from these injuries. Thus, the Unum lawsuit concludes, Aurelio is disabled under the Unum long-term disability policy.

And indeed, Unum initially approved Aurelio’s disability claim, paying disability benefits from April 22, 2003 through July 15, 2016. All of a sudden, he claims, Unum abruptly cut off Aurelio’s long term benefits, issuing a Unum disability claim denial. He appealed the Unum disability claim denial, but the appeal was denied this last June.

At this point, Aurelio has exhausted all administrative approaches to combatting a Unum disability claim denial, and he has turned instead to litigation.

Aurelio filed this July 2017 lawsuit under the terms of the Employee Retirement Income Security Act of 1974. Essentially, ERISA is a federal law that sets the standard of protection for employer-sponsored disability insurance and other employment benefits.

Have You Received a Unum Disability Claim Denial?

Aurelio is far from the only employee to be covered through Unum Life Insurance Company of America and later issued a Unum disability claim denial, despite being eligible.

Some disabled consumers seek reinstatement of disability benefits by pursuing the administrative means available to them, including appealing Unum’s decision. However, many receive a Unum disability claim denial to this appeal as well. After exhausting administrative means of appealing this decision, some turn to legal means, hoping to reverse the Unum disability claim denial.

If you or someone you know has received a Unum disability claim denial unfairly from Unum Life Insurance Company of America, you may be able to seek reinstatement of disability benefits by filing an Unum lawsuit.

The Unum Disability Claim Denial Lawsuit is Case No. 2:17-cv-00401-JES-MRM, in the U.S. District Court for the Middle District of Florida.