A woman has filed an Unum disability lawsuit after her benefits allegedly were terminated in spite of her continuing disability.

Plaintiff Nicole N. says she was an assistant branch manager for Regions Financial Corporation, which maintains group long term disability insurance for its employees. The insurance was issued by Unum according to the Unum disability lawsuit.

Nicole says she stopped working in October 2011 “due to hydrocephalus, meningitis, and neurosarcoidosis, causing chronic dizziness with nausea, impairing concentration, and interfering with sustained looking at a computer monitor.”

Meningitis is an infection of the central nervous system. It can cause hydrocephalus, which is an excess of fluid that builds up in the skull and causes swelling of the brain. Severe headaches, loss of coordination, difficulty walking, difficulty concentrating, vision issues and memory loss are symptoms of hydrocephalus, which literally translates to “water on the brain.”

Neurosarcoidosis is a chronic inflammatory disease that can damage the coating around nerve fibers, much the same way multiple sclerosis (MS) does. There is no cure for neurosarcoidosis, and the risk of developing the disease may be based on immune system disorders and certain infections, such as meningitis.

When Nicole received her diagnosis, she filed an application for Unum disability benefits. Unum approved her application for benefits, she says, and the company paid her under the terms of the policy for almost six years.

According to Nicole’s Unum disability lawsuit, Unum sent Nicole a letter dated May 26, 2017 that said that Unum denied further benefits because Nicole “had improved such that she could now perform alternate sedentary occupations.”

Nicole says she appealed their decision, but Unum upheld its denial of further benefits in a letter dated May 9, 2018.

Unum Disability Lawsuit Allegations

Nicole’s neurologist Dr. Pawate allegedly “explicitly stated” Nicole could not return to a sedentary position even before Unum terminated her long term disability benefits, according to the Unum disability lawsuit.

According to the complaint, Dr. Pawate made treatment notes on June 6, 2017 that Nicole’s dizziness was becoming more severe and increasing in frequency to the point that he said she required the use of a walker, and not just a cane, to avoid falling.

“Logically, such a frequency and severity of dizzy spells would also impact concentration and productivity in any occupation,” alleges the Unum disability lawsuit, which goes on to say, “Unum acted arbitrarily to terminate benefits in the absence of medical improvement.”

Unum allegedly turned to an independent medical examiner who determined Nicole should not climb or attempt to balance on anything, and should use a cane to make it through dizzy spells, but otherwise, could see no reason for other restrictions or limitations.

Nicole and her own doctor believe the dizzy spells adversely impact her ability to concentrate and her ability to be productive throughout any work day.

The Unum disability lawsuit further alleges that Unum made the decision to halt Nicole’s benefits based on a conflict of interest because the benefit payments are made with Unum’s own funds.

The Unum Disability Lawsuit is Case No. 1:18-cv-269 in the U.S. District Court for the Eastern District of Tennessee at Chattanooga.

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