Laura Pennington  |  December 5, 2018

Category: Insurance

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Denied Disability Insurance Coverage Prompts Unum LawsuitA Kansas woman has initiated a lawsuit against Unum Life Insurance Company alleging she was denied disability insurance coverage in violation of the Employee Retirement Income Security Act of 1974.

Plaintiff Dara G. says she was a participant in a group employee benefit plan for the provision of long term disability (LTD) benefits and life waiver of premium benefits in the event that she, a covered employee, became disabled and unable to work.

The LTD benefit, according to Dara’s lawsuit, pays a percentage of the employee’s former salary. In the event that a participant becomes disabled prior to age 62, the LTD benefits under the Unum policy are payable so long as the participant remains permanently and totally disabled through the normal retirement age for social security.

Dara says she began working as a financial planning and analysis manager for her employer in April of 2013. She was responsible for a variety of different tasks within the company.

In February of 2016, Dara says she became unable to work due to the disabling impacts of postural tachycardia syndrome, gastrointestinal dysautonomia, central adrenal insufficiency, eosinophilic gastroenteritis, and neurogenic orthostatic hypotension.

Dara says that she suffers a variety of painful and disabling symptoms, including decreased appetite, chronic abdominal pain, dizziness, excessive fatigue, severe vomiting, weakness, balance problems, and decreases in blood pressure.

The plaintiff alleges she attempted to treat these disabling conditions with numerous steroids and medications but has been unable to return to work. Dara says that her doctors stated that she was totally disabled following the diagnosis of these conditions in February 2016.

The lawsuit says that Unum the denied disability insurance coverage for Dara’s LTD benefits in a letter dated in February 2018 after her life waiver of premium and LTD benefits had been paid for 24 months. Another letter indicated that the life waiver of premium claim was further terminated. The plaintiff appealed her denied disability insurance coverage with evidence, but she says she was unsuccessful in getting the coverage she needs and is entitled to under the terms of her insurance policies.

Many patients who have been diagnosed with a serious medical condition will turn to their disability insurance coverage to help them with the loss of income. Especially when a patient has a diagnosis from physicians and clear medical records, it can be frustrating to have be denied disability insurance coverage.

The appeals process can be used by an applicant who believes the insurance company denied or stopped their benefits too early, but for those patients who have already exhausted all these methods, the only way to move on from this situation is to file a lawsuit against the insurance company.

In fact, Unum has reportedly become notorious for denied disability insurance coverage claims with Unum policy holders reporting that their claims are denied despite clear medical evidence that they are disabled and unable to work.

The Denied Disability Insurance Coverage Lawsuit is Case No. 2:18-cv-02607 in the U.S. District Court, District of Kansas, Kansas City Division.  

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The bad faith insurance attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or Unum class action lawsuit is best for you. [In general, Unum bad faith lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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