A New Jersey man has filed a wrongful termination of benefits lawsuit against Unum Life Insurance Company of America.

The plaintiff, who filed this wrongful termination of benefits lawsuit under a pseudonym, says he began working as an attorney in 1984. He went to Seton Hall Law and graduated from New York University with a Masters in taxation, according to the complaint.

By 1995, he says he was a partner in his law firm and specialized in tax law. This lawsuit claims that the plaintiff also specialized in estate planning and qualified retirement plans under ERISA.

Additionally, the plaintiff allegedly led a very active lifestyle engaging regularly in such activities as skiing, tennis, swimming, golfing, hiking, rafting, canoeing, camping and horseback riding.

During his employment, the plaintiff in this wrongful termination of benefits lawsuit claims that was eligible for his law firm’s long term disability plan which was operated by Unum.

On May 18, 2000, the plaintiff says he was involved in a severe car accident during which he was rear-ended by another vehicle. He experienced serious injuries to his back and neck. According to this wrongful termination of benefits lawsuit, the “Plaintiff suffered herniated discs, cervical radiculopathy, and nerve damage. “

He also alleges he “was also subsequently diagnosed with chronic non-malignant pain syndrome, degenerative disc disease, arthritis, and bilateral shoulder injuries, including a labral tear in the left shoulder and an impingement, which required surgical correction, and a tendon tear in the right shoulder and an impingement.”

From this accident, he alleges he suffered from chronic muscle spasms and headaches. But even so, he went back to work full time.

In 2002, because his back pain was so severe, the plaintiff was forced to undergo cervical fusion surgery. But even though he again returned to work, he says he began experiencing more and more pain. His lawsuit states that it became more and more difficult for him to maintain the same level of work as before.

The plaintiff last worked for his law firm full time in 2011 and in 2013, he finally filed for long-term disability. According to his wrongful termination of benefits lawsuit, the plaintiff continued to suffer from pain for the next two years. The pain began to worsen and present itself earlier and earlier in the morning requiring him to take his pain medication earlier in the day.

“Essentially, he was on pain medication constantly throughout the day, with most of the pain medication being taken during the hours he was expected to be working,” the lawsuit claims.

Additionally, “As a result of the severe cognitive side effects from these medications, his ability to provide sophisticated legal services was increasingly and significantly limited.”

The plaintiff, as a result of his lingering inability to function at work, was told by his law firm in 2016 that his pay would be cut and that he would no longer be able to remain in the position he previously held.

He took the advice of physicians and in April 2016, he stepped down completely and informed Unum, his disability insurance carrier, that he would need to move from residual coverage to full disability coverage.

Instead of increasing his benefits, like the plaintiff believed Unum should under the policy, they decided instead to terminate his benefits completely.

He has exhausted all possible administrative avenues and is now asking that Unum pay him what he should be paid under his disability policy.

This Wrongful Termination of Benefits Lawsuit is Case No. 2:18-cv-04804 in the United States District Court of the District of New Jersey.

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.

Learn More