A California woman has filed a chronic fatigue syndrome disability lawsuit against Unum claiming her disability benefits were not properly afforded her under her insurance with the company.

Plaintiff Barbara R. alleges she suffers from a chronic fatigue syndrome disability. Her chronic fatigue syndrome disability lawsuit states that she “has been continuously disabled within the meaning of the Plan since October 2016 by chronic fatigue syndrome, fibromyalgia, mercury toxicity, and the related effects of these illnesses.”

The “Plan” refers to her disability insurance plan under Unum.

Barbara claims that she has undergone “functional capacity testing that confirms her disability, fatigue testing that objectively documents her post-exertional fatigue using standardized measurements of aerobic performance, and she has been approved for Social Security Disability Insurance benefits by the Social Security Administration.”

In October 2016, she alleges that she filed for both short-term and long-term disability benefits with Unum. Two months later, in December 2016, Unum denied her requests for payment of short-term disability.

They began paying long-term disability to Barbara on January 25, 2017, continuing through April 6, 2017. But then they stopped. Unum denied further long-term disability benefits effective April 6, 2017, according to the chronic fatigue syndrome disability lawsuit.

According to her denied disability lawsuit, Barbara then submitted a request for a review of the adverse benefit determinations; in February 2018, her request was denied.

She believes her rights have been violated under federal law. ERISA, the Employee Retirement Income Security Act, protects the rights of employees when it comes to insurance plan benefits.

ERISA Protections

The Employee Benefits Security Administration states that ERISA “protects the interests of employee benefit plan participants and their beneficiaries. It requires plan sponsors to provide plan information to participants. It establishes standards of conduct for plan managers and other fiduciaries. It establishes enforcement provisions to ensure that plan funds are protected and that qualifying participants receive their benefits, even if a company goes bankrupt.”

Barbara is bringing forth a claim for relief for Benefits Pursuant to ERISA. According to this chronic fatigue syndrome disability lawsuit, ERISA allows someone who has disability insurance to bring civil action against an insurance provider to recover benefits that are due to him or her and to enforce or clarify his or her rights or future rights under the insurance plan.

This Chronic Fatigue Syndrome Disability Lawsuit is Case 4:18-cv-02272-KAW in the United States District Court of the Northern District of California, San Francisco/Oakland Division.

Filing an ERISA Lawsuit

If you have been denied long-term or short-term disability benefits by your disability insurance provider, you may be eligible to take legal action. Filing a lawsuit may help you recover lost benefits and benefits that have been denied to you by your insurance provider.

Unum is just one disability insurance provider that may deny benefits unfairly to its clients. Other insurance providers that may be held accountable include New England Life Insurance Company, John Hancock Financial, John Hancock Insurance Company, Metropolitan Life Insurance Company, Provident Life & Accident Insurance Company, Provident Life & Casualty Insurance Company, Paul Revere Life Insurance Company (Paul Revere Life), Colonial Life & Accident Insurance Company (Colonial), Colonial Life Insurance Company, Genex, Duncanson & Holt, MetLife (Metropolitan Life), New England Life and Equitable Insurance and Equitable Life Insurance Company.

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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