By Kim Gale  |  February 6, 2017

Category: Consumer News

Unum dentist lawsuitA dentist has filed a New England Mutual disability lawsuit after her disability benefits were discontinued without explanation.

Dentist Leslie W. purchased the disability policy in 1993 from an independent insurance company. The policy was not in conjunction with any employer-sponsored benefits plans.

She established her own general dentistry practice in 1995, which she continued until June 2013. Leslie sold the practice at that time due to her disability, “which prevented her from safely and competently engaging in the practice of dentistry.”

Basis of New England Mutual Disability Lawsuit

According to her New England Mutual Disability lawsuit, Leslie maintained her New England Mutual disability insurance policy even after the company was bought by Metropolitan Life Insurance Company, which later used the Paul Revere Life Insurance Company as its administrator.

When Leslie filed her claim for disability, Metropolitan Life Insurance Company hired the Unum Group Corporation to be its claim agent, advising Metropolitan with respect to its obligations to Leslie under the policy.

All the above mentioned insurance companies are defendants in this case.

Leslie filed a disability claim with Metropolitan Life Insurance Company on Jan. 30, 2013. She was told her benefits were denied for the period of January 2012 to April 2013, but that her disability was approved and benefits were paid beginning June 2013.

For some unknown reason, Metropolitan and Unum made a determination on Feb. 25, 2016 that Leslie was not disabled, and stopped payments.

Leslie appealed the denial of benefits in August 2016. Her appeal included additional information and medical reports from several doctors and included a copy of the insurance company’s doctor’s report as well. All physicians concur she is disabled.

The sudden denial of her disability claim has led to the New England Mutual disability lawsuit.

Why Leslie Is Disabled

According to the New England Mutual disability lawsuit, Leslie “developed symptoms of a knot and severe pain under her right scapula and inability to lift her right arm” in December 2010.

In March 2011, she was told she had a neurological disorder called Parsonage Turner Syndrome, likely related to a flu shot she had received in early 2010.

In her case, the disorder “has permanently affected her ability to maintain her arm in postures necessary to perform fine activities needed for safe dentistry.”

Tests show she has permanent nerve damage in her right triceps. She also “developed bilateral hand Dupuytren’s Disease prior to 2011, which also affects her ability to practice dentistry, causing weakness, pain and difficulty grasping and bending her fingers and thumb.”

Leslie’s treating physicians have determined she cannot safely practice dentistry due to her disability. Metropolitan Life’s examining expert said in January 2014 that Leslie cannot return to work as a dentist due to her disability.

Breach of Contract Claim

According to the New England Mutual disability lawsuit, Leslie is owed $61,000 plus interest and will be owed an additional $6100 per month “until judgment is granted and thereafter as long as she meets the conditions of the contract.”

If you have suffered a disability and been denied a disability insurance claim, you could benefit from speaking with a lawyer about your legal options.

The New England Mutual Disability Lawsuit is Case No. 2:17 cv-00040-EAS-KAJ in the Court of Common Pleas Court, Franklin, Ohio, Civil Division.

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