Indiana Man Sues Unum for Denying Disability Benefits

Indiana Man Sues Unum for Denying Disability Benefits

By Amanda Antell

Indiana plaintiff Gregory Pottorff is suing Unum Life Insurance Company, alleging that he was wrongfully denied of his long-term disability benefits despite producing documented evidence along with the required paperwork. Unum allegedly did not offer any explanation for the denial.

Before he became disabled, Pottorff was an employee of Atlas Copco North America, LLC (“Atlas”), as a Machine Shop Group Leader. He was a fulltime employee and was under the Atlas Disability Plan, which was sponsored by his work, and would ideally be provided by Unum. Even though his benefits were supposed to come with his job, Pottorff and other qualified employees would still have to go through Unum’s application process to receive their benefits.

Pottorff continued his employment in his position until he became disabled from a cervical neck injury, in May 2009. He was forced to undergo cervical fusion surgery which left him unable to keep his position at Atlas, and officially had his last day of employment on May 1, 2009. He applied for his long-term disability benefits through Unum, and was initially approved.

However, the relief was short-lived when Unum subsequently terminated his benefits, without providing an adequate answer. Unum merely stated that he no longer meets their qualifications of being ‘permanently disabled’, and that there was no sufficient evidence to support that claim. Pottorff appealed Unum’s denial several times, only to be rejected.

In his initial application and in each appeal, Pottorff provided significant medical proof of his permanent disability, including testimony from his treating physicians. Each vouched for Pottorff’s physical condition, stating that due to his disability he would no longer be able to earn income from any occupation. Despite the amount of medical evidence presented to the insurance company, Unum still denies Pottorff his benefits.

As of now, Pottorff remains unable to work, and currently suffers from serious financial and emotional stress due to his situation. From the time of his injury, Pottorff has been unable to earn any income to support himself, and has been unable to find any other occupation he is reasonably qualified for, or even able to perform.

Pottorff and his lawyers claim that Unum had intentionally and unreasonably denied his long-term disability benefits, which puts the company in direct violation of ERISA (Employee Retirement Income Security Act of 1974). Under ERISA, Portoff is entitled to his long-term disability benefits and a reasonable retirement fund due to his years of full-time employment.

Unum Litigation Movement

As of now, Pottorff is seeking to reclaim his lost benefits form Unum, as well as the inquired interest with each lost payment. Pottorff is also seeking to press punitive charges against Unum, and is seeking additional damages. This trial is still pending.

This case is Gregory Porttorff vs. Unum Life Insurance Company, Case 1:13-cv-01537-RLY-MJD, in the United States District Court of Southern Indiana.

File an Unum Lawsuit Today

If you believe that you or a loved one have been the victim of a wrongful Unum 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 Unum 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.