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A Texas woman says that she remains unable to work but has not been receiving the disability benefits she should be receiving pursuant to an employer-provided plan according to a recently filed Unum disability insurance lawsuit.
Karen Werdlow alleges that she applied for monthly disability insurance payments as a result of her inability to work, and was approved in 2010. However, three years later, she claims that claim denial specialists reviewed her situation and found that she no longer met the terms of the policy, according to her Unum disability insurance lawsuit.
The woman, who had worked at Oiltanking of North America LLC as an ethanol scheduler, maintains that she remains unable to work and had submitted an appeal. That was also not enough for the reinstatement of her benefits and as a result, she “has exhausted all required administrative remedies available to her,” according to the Unum lawsuit.
However, it is unlikely that her Unum disability insurance class action lawsuit attorney will have the opportunity to take the case to trial. The Unum long-term disability policies typically include terms that require a hearing before an administrative law judge. The rates of approvals and denials with these judges can vary significantly, with some plaintiffs having success rates of 80 percent and some having the exact opposite result.
Werdlow’s Unum lawsuit also differs from policyholders appealing recent Unum claim denial specialists and their decisions regarding long-term disability plans. She alleges that not only should her monthly benefits be reinstated but also that the company should also cover the cost of her life insurance premium as part of her plan.
The Unum disability insurance lawsuit is Karen Werdlow v. UNUM Life Insurance Company of America, Case No. 14-cv-00137, in the U.S. District Court for the Southern District of Texas.
In general, Unum lawsuits are filed individually by each plaintiff and are not class actions.
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