By Amanda Antell  |  January 21, 2019

Category: Insurance

Disability insurance claim form with reading glasses and a penA man from Illinois is asking Unum Life Insurance Company of America to reinstate disability benefits after they were allegedly cut off under wrongful circumstances.

The claimant states he had to file legal action to get the company to reinstate disability benefits and is also asking for compensation for all missing payments.

Plaintiff Barry L. states he needs the company to reinstate disability benefits as he developed serious injuries that left him unable to work while he continues to incur expensive medical bills.

Barry was previously fully employed as a Field Supervisor with the Tico Group LLC, worked for the company for six years and was eligible for disability coverage should he ever need it.

According to the claim denial lawsuit, Barry developed a congenital hip disorder and started suffering severe debilitating pain in his right hip in 2014. Barry reportedly tried to mitigate the symptoms for two years by going through physical therapy and pain medication treatment.

However, Barry’s pain reportedly failed to improve and he became unable to work on Jan. 23, 2016. He underwent total right hip replacement surgery on Feb. 22, 2016.

Overview of Claim Denial Lawsuit

Barry reportedly became unable to work after this surgery and applied for long-term disability benefits, which Unum initially approved and started the payments on April 22, 2016.

According to the claim denial lawsuit, Unum reportedly instructed Barry to apply for Social Security Disability Insurance benefits and provided him representation for the process.

Barry did this and was approved for Social Security benefits on Jan. 21, 2017, after the administration reviewed independent medical reports and records and opinions from his treating physicians.

However, Unum reportedly contacted Barry soon after he was approved for Social Security benefits on Jan. 26, 2017, stating he owed the disability provider $15,678.00 in overpay due to his SSDI benefits.

On Dec. 01, 2017, Barry underwent a Functional Capacity Examination (FCE) by his treating physician.

According to the claim denial lawsuit, Barry was unable to carry, squat, bend, walk or climb stairs and soon was declared unable to work. Even though there were no improvements in Barry’s condition, Unum suddenly announced his long term disability benefits would be terminated on April 22, 2018.

Barry reportedly filed an appeal to Unum to reinstate disability benefits on Oct. 08, 2018, which included updated medical records and the opinions of his treating physicians. In addition, Barry reportedly underwent a second FCE exam at his own expense to prove the severity of his condition.

According to the claim denial lawsuit, Barry’s results in the FCE were so bad that an examining therapist stated Barry would not be able to work an eight hour day in a sedentary occupation.

Even though Barry provided sufficient proof of his disability, Unum reportedly upheld its decision to deny his benefits and sent its claim denial letter date Nov. 20, 2018.

At this point in time, Barry has exhausted all administrative options and has been forced to file legal action to reinstate disability benefits. Barry is seeking compensation for all missing disability benefit payments, along with any other relevant damages.

The Claim Denial 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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