TopClassActions  |  November 29, 2013

Category: Labor & Employment

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Follow us on Twitter and Facebook for the latest Unum/UnumProvident Class Action Lawsuit News!
 

S.C. Man Sues Unum for Disability Payments

By Jessica Tyner

 


Unum Disability LawsuitUnum is one of the largest providers of long-term disability (LTD) and life insurance in the United States. However, Unum also has a reputation for denying claims when there’s no evidence to support that denial and stopping payments without reason. In fact, Unum employees have participated in exposés revealed by media outlets like CBS, revealing that Unum has even instituted bonus programs that reward employees who effectively close the biggest accounts.

One of the latest alleged Unum victims is Joseph Everhart of South Carolina. A former Ohio resident, Everhart counted on The Paul Revere Life Insurance Company, a subsidiary of Unum, to provide his LTD policy. 

According to his Unum lawsuit, Everhart became licensed as a chiropractic physician by the State of Ohio in 1986. He continued to work as a chiropractic physician until he became disabled in 2011. As a healthcare provider, Everhart thought he’d done everything necessary to protect himself, his loved ones and his finances in case a worst case scenario came to fruition. When it did, though, he found that Unum didn’t want to adequately compensate him even though he’d paid into his policy since the late 1980s. 

According to his Unum policy, to be considered as having a “total disability,” a policyholder  must not be able to perform the “important duties” of his occupation, must not be engaged in any other “gainful occupation,” and must be under the “regular and personal care” of a physician.

 
According to his Unum lawsuit, “Dr. Everhart complied with all his obligations under the policies, including paying monthly premiums for over 23 years. In 2009, Dr. Everhart came under the regular, continuing care of Paulette Pollard, D.C., a chiropractic physician, for back pain. On June 27, 2011, Dr. Everhart severely injured his low back and right thumb when he tried to prevent an approximately 400 lb. patient from falling from his examination table.”
 
Unfortunately, by continuing to practice his work, Everhart continued to become injured. “In March, 2012, while adjusting a patient, Dr. Everhart further severely injured his back, while adjusting a patient.”

Everhart’s Disability Story

Everhart filed a claim for Unum disability benefits in July 2012, with an onset date of disability dated June 27, 2011. Unum responded, advising Everhart that his policy “provided a lifetime disability benefit of $2,060 per month, after a 90-day elimination period” and that his second disability insurance policy “provided a lifetime disability benefit of $8,150 per month, after a 90-day elimination period.” 

Because of his disability, Everhart closed and sold his chiropractic practice in September 2012. He submitted relevant medical records and reports in support of his disability benefits claim. His treating physician submitted a statement indicating that, due to his disability, Everhart cannot adjust patients, a “very important duty of his occupation.” Numerous appeals did nothing to help Everhart, even after an independent physician determined that he was “100% disabled from practicing as a chiropractor” and that Everhart is “permanently unable to maintain employment as a chiropractor.”

On Sept. 23, 2013, Unum sent Everhart a letter affirming its previous disability claim denial and informing that his appeal was closed. The letter stated that no further appeal was available. Everhart filed his Unum lawsuit on Oct. 31, 2013.

The Unum lawsuit is Joseph L. Everhart v. Unum Group Corporation, et al, Case No. 1:13-cv-789, in the U.S. District Court for the Southern District of Ohio, Western Division. 

Did Unum Deny Your Claim?

Did you have an Unum policy and feel you were wrongly denied benefits? If this happened to you, you may have an Unum legal claim and deserve compensation. Learn more about what to do next at the Unum/UnumProvident Disability Insurance Claim Denial Class Action Lawsuit Investigation. Submit your story, and an attorney will reach out to you if you qualify for an Unum claim review.

 

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

 

All employment related class action and lawsuit news updates are listed in the Employment and Labor section of Top Class Actions

 

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2013 Top Class Actions® LLC
Various Trademarks held by their respective owners.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.