An Unum claim denial from the giant life insurance company has recently spurred plaintiff Belivia A. to file a lawsuit in U.S. District Court for the Eastern District of North Carolina, Western Division.

The Unum claim denial case was filed on Dec. 20, 2018, with respect to the Employment Retirement Security Act (ERISA). The plaintiff purportedly has been a full-time employee and member of the Independent Insurance Agents of North Carolina Inc. (IIANC).

According to the Unum claim denial suit, Belivia suffers from a multitude of ailments that have rendered her incapable of performing the duties of her job or that of any job. She has been diagnosed with Degenerative Disc Disease (DDD) of the three regions of the spine known as lumbar, thoracic, and cervical.

Additionally, Belivia says she has other concurrent diagnoses of sleep apnea, chronic pain and fatigue syndromes, fibromyalgia, and temporomandibular joint dysfunction. The complainant is in her middle fifties and says she experiences no less than 15 migraine headaches monthly and has a medical history of a cerebral aneurysm and mini strokes.

Belivia sought and received long-term disability benefits from Unum Life Insurance Co. from the year 2015 to early March 2017, according to the narrative of the lawsuit. On March 4 of that year, the plaintiff received an Unum claim denial and LTD benefits were ceased. The defendant allegedly stated that she was capable of now performing the duties of her former work which were largely sedentary in nature.

The complainant indicates in her Unum claim denial case that this decision was made despite the professional opinions of her treating physicians and a vocational services expert. According to her lawsuit, Belivia was evaluated by three separate physicians including a Dr. Piper, a Dr. Hearndon, and a Dr. Staneata. She says these opinions supported the conclusion that Belivia was unable to carry out the necessary functions of her job.

In addition to purportedly choosing to ignore competing physician evidence provided by professionals that had seen her in person, Unum allegedly ignored the decision of an administrative law judge with the Social Security Administration. This judge allegedly made the determination that the plaintiff was fully and completely disabled.

Finally, in the early summer of 2017, she says she was put through a battery of tests by a Mr. Carpenter, certified rehabilitation counselor. These tests combined with his review of all of her records resulted in a determination that she was unemployable due to her physical limitations, she claims.

The plaintiff says through her counsel that she has used up all administrative remedies for Unum claim denial provided her by the defendants prior to registering this legal claim referencing ERISA. Unum is the claims administrator for her employer’s disability plan under which she is enrolled.

Belivia is convinced that the Unum Life Insurance Co. has breached their fiduciary duties by allowing unqualified people to make assessments about whether she could complete work functions as required..

With her action, she hopes to get her LTD benefits secured for the maximum length of her entitlement. Additionally, she is asking that her award include all costs of litigation including attorney and court fees.

The Unum Claim Denial Lawsuit is Case No. 5:18-cv-00599-BO in the U.S. District Court for the Eastern District of North Carolina, Western 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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