By TopClassActions  |  October 8, 2013

Category: Labor & Employment
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Unum Hit with New Lawsuit Seeking Back Disability Benefits

By John Curran

 

Unum disability insurance denialIn an Unum disability insurance lawsuit filed September 25 in Louisiana federal court, former casino worker Jeffrey V. Avena says that the insurer’s claim denial specialists have kept him from receiving monthly benefits he deserves.

Avena had been working at Hollywood Casino in St. Louis, Mississippi for nearly 10 years when he suffered spinal injuries and nerve damage after a car accident on October 23, 2011. According to his Unum disability insurance lawsuit attorney, a doctor kept him out of work for several months, and when Avena tried to go back to work, he was unable to do so successfully despite two months of effort.

Although Avena provided Unum with his medical records, claim denial specialists reportedly failed to adequately assess his application for disability insurance benefits. Their decision to deny his benefits was “based on insubstantial evidence, [and was] arbitrary and capricious,” the Unum lawsuit alleges. As with similar Unum lawsuits, the company is accused of not comparing the impact of a former employee’s condition on his or her specific job duties and allegedly denies claims to improve the company’s bottom line.

After appealing to the company, Avena alleges that Unum came back with the same decision even though nerve damage made it difficult to continue doing office work while seated. His Unum disability insurance lawsuit attorney is seeking back benefits beginning in 2012 and wants the company to continue compensating Avena pursuant to the policy administered by Unum for Hollywood Casino.

The Unum disability insurance lawsuit is Jeffrey V. Avena v. Unum Life Insurance Company of America, Case No. 13-cv-5947, in the U.S. District Court for the Eastern District of Louisiana.

If you or someone you know was injured and is now unable to work, your employer may have entered you into a plan that would pay out disability insurance benefits. Unlike many other legal claims, however, the recourse you have is to go before an administrative law judge for a hearing to decide whether you should receive payments from the insurer. Working with an Unum disability insurance lawsuit attorney may help you find the best possible venue based on the facts of your potential case. Learn more and get a free consultation with one when you visit the Unum/UnumProvident Disability Insurance Claim Denial Class Action Lawsuit Investigation. Your case eligibility review will help you understand what steps you can take to obtain back benefits and what supporting documentation you may need.

 

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