Laura Pennington  |  January 10, 2019

Category: Insurance

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Unum Disability Insurance Lawsuit Alleges Violations of ERISAAn Unum disability insurance lawsuit says that an applicant was wrongfully denied benefits even after appealing the company’s decision.

Plaintiff Barry L. has initiated an Unum disability insurance lawsuit, alleging that the company failed to provide him with the benefits he was entitled to after he filed a legitimate claim.

The Unum disability insurance lawsuit says that the defendant, Unum Life Insurance Company of America has violated the Employee Retirement Income Security Act of 1974. The plaintiff in the Unum disability insurance lawsuit is seeking the recovery of his long-term disability benefits and life insurance waiver of premium benefits, as set out under his policy with the company.

Barry is a resident of Illinois who was previously employed with the Tico Group for six years as a field supervisor. Prior to filing the Unum disability insurance lawsuit, the plaintiff says he initiated a disability application with Unum.

The Unum disability insurance lawsuit says that Barry suffers from a congenital hip disorder and began to suffer significant and debilitating right leg and hip pain in 2014. The plaintiff in the Unum disability insurance lawsuit underwent many different treatment options, including physical therapy, activity modification, exercise, and pain medications.

According to Barry, his Unum policy states that a person is disabled when the insurance company determines that they have a 20 percent or more loss in their index monthly earnings because of a sickness or injury or are limited from performing the substantial and material duties of a regular occupation because of injury or sickness.

Following 24 months of payments under the policy, according to the claims made in the Unum disability insurance lawsuit, the person can be classified as disabled when they are no longer able to perform the duties of any gainful occupation for which they are suited.

Barry says his hip condition failed to improve after two years of treatment. The plaintiff in the Unum disability insurance lawsuit says that he officially became unable to work on Jan. 23, 2016 after which he obtained a right total hip arthroplasty in February of that year. Since that surgery, the plaintiff says that he has not been able to return to work in any capacity.

After his last day of work, the plaintiff in the Unum disability insurance lawsuit says that he submitted an application for long-term disability benefits and received initial approval on April 29th, 2016 with the benefits being paid April 22nd, 2016.

He later received approval of his SSDI application from the Social Security Administration in January 2017. However, he alleges Unum demanded that he repay more than $15,000 in LTD benefits because of his SSDI award.

Barry says he fully reimbursed the insurance company, but he believes that he is still entitled to disability benefits.

Unum then allegedly notified the plaintiff that his disability benefits would be terminated effective April 22, 2018. The plaintiff submitted an internal claim appeal of the LTD benefit termination, but the company allegedly upheld its decision.

The Unum Disability Lawsuit is Case No. 1:18-cv-08392 in the U.S. District Court for the Northern District of Illinois, Eastern 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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