Georgia Man Fights Unum for Disability Benefits

Georgia plaintiff Stephen Rapier is suing Unum Life Insurance Company, claiming that he was wrongfully denied of his long-term disability benefits. The plaintiff was an employee at Memorial, part of Catholic Health Initiatives, with his long-term disability benefits policy becoming active on January 1, 2007.

Rapier was initially hired by Memorial on July 22, 2008, but had suffered from a skull fracture prior to his employment. On September 29, 2010, Rapier suffered an additional head injury while working for the company. Because this injury was work-related, he received worker’s compensation benefits through his employment. 

At the time he was receiving worker’s compensation, Rapier was not receiving long-term disability benefits. When Rapier stopped receiving worker’s compensation in the earlier part of 2012, he applied for his long-term disability benefits. Based on the information he was given, Rapier had no reason to suspect Unum would deny his benefits.

When Rapier initially applied for his long-term disability benefits, he informed the company that he was not sure whether or not he was eligible due to the fact that he recently received worker’s compensation. However, he was assured that because he was no longer receiving that particular benefit, it would not be an issue with disability benefits.

On July 11, 2012, Unum completed a “Telephonic Intake Form” to collect Rapier’s injury information, but the company allegedly claimed it was improperly filed due to a software malfunction. Because his claim was then processed as a short-claim disability benefit claim, Unum retracted its earlier statement and said that he was not eligible for disability benefits due to the fact that he had received worker’s compensation.

Rapier was officially denied his long-term disability benefits from Unum on December 20, 2012. The company has allegedly continued to deny every appeal the plaintiff has filed. Each time Rapier asked for a status update on his appeal, Unum would allegedly make various excuses to extend their deadline, or would request more information to process the claim. Unum reportedly even asked Rapier for a background check.

Since his injury, Rapier has been unable to work. Despite his injury and his inability to generate income, Unum has denied the plaintiff in each appeal without providing sufficient evidence or reason. Rapier is suing Unum for lost payments, plus the recurring interest.

Overview of Unum Claim Denial

Under the employment contract provided by Memorial, Rapier was supposed to be provided with both long-term and short-term disability benefits. Despite meeting Unum’s long-term disability requirements, Rapier was still repeatedly denied his benefits. 

In this case, Unum reportedly based their denial off an irrelevant loophole that only would have applied to Rapier if he had been receiving worker’s compensation at the time he applied for benefits. There was no medical reasoning for the denial, nor did Unum refer to any of Rapier’s medical records in the denial record.

Under the Employee Retirement Security Act of 1974 (ERISA), Rapier is entitled to his long-term disability benefits and plans to pursue Unum for these benefits. At this time, Rapier is seeking damages for medical compensation, pain and suffering and punitive damages.

This Unum lawsuit is labeled as Stephen Rapier v. Unum Life Insurance Company, Case No. 4:13-cv-00231-HLM, in the U.S. District Court for the Northern District of Georgia. 

File an Insurance Claim Denial Lawsuit Today

If you believe that you or a loved one have been the victim of a wrongful insurance claim denial, you have legal options. Please visit the Unum, UnumProvident Disability Insurance Claim Denial Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned claim denial lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The claim denial attorneys working this investigation do not get paid until you do.