By Dominic Rivera  |  June 23, 2014

Category: Consumer News

Unum disabiliy insurance problemsUnum was hit with an insurance claim denial lawsuit by Plaintiff Syed N. Husaini of Pennsylvania for allegedly denying his disability claim after he was no longer able to perform his job as a cardiologist.

Dr. Husaini is a board-certified cardiologist who worked in invasive cardiology for 30 years. In 1990, he bought a disability insurance policy from the Paul Revere Life Insurance Company, according to his Unum lawsuit.

“Due to the unique nature of Dr. Husaini’s subspecialty in invasive cardiology, Dr. Husaini also purchased supplemental coverage from the Paul Revere Company pursuant to an occupational rider, which provides disability benefits to Dr. Husaini in the event that he is unable to perform the important duties of invasive cardiology,” the insurance claim denial lawsuit explains. Unum Group is the successor by merger with Paul Revere Life Insurance Company.

In addition, Husaini also purchased another policy by paying for the Lifetime Total Disability Benefit Rider.

According to the Unum lawsuit, “Dr. Husaini has promptly and fully paid all required premiums under the policy without the assistance of his employer. Over the past 24 years, he has paid approximately $200,000 in premium payments for the policy.”

“Under the policy, in the event of total disability, Dr. Husaini is entitled to benefits in the amount of $13,000 per month beginning 90 days after the onset of his disability, and continuing for the remainder of his lifetime,” the Unum lawsuit explains further.

“Beginning in and around Jan. 1, 2011, Dr. Husaini began suffering from three debilitating health conditions, including chronic and severe headaches, lower back pain, and elbow pain, which together made it difficult, and then impossible for him, to continue to perform the duties of an invasive cardiologist,” according to the disability insurance lawsuit.

With worsening back pain, Dr. Husaini sought medical advice and treatment. In 2013, his back pain allegedly worsened and became debilitating during periods of prolonged standing and repetitive bending when he performed heart catheterization procedures while wearing a lead vest weighing approximately 30 pounds.

“As a result of his back pain, Dr. Husaini sought medical advice and treatment from Dr. Elaine Scott, a physical medicine and rehabilitation physician,” the Unum lawsuit states.

“In April 2013, as his health further deteriorated, Dr. Husaini discontinued performing invasive procedures altogether.”

“Pursuant to the plain terms of the occupational rider, Dr. Husaini is entitled to receive Total Disability benefits of $13,000 per month beginning ninety (90) days after Jan. 1, 2011 through his 65th birthday on Oct. 10, 2015,” according to the disability insurance lawsuit.

“On May 8, 2013, Dr. Husaini submitted an Individual Disability Claim Form to Unum,” he claims in his Unum lawsuit. “His treating physicians have opined and concluded that his medical conditions prevent him from performing invasive cardiology.”

“On Jan. 31, 2014, eight (8) months after Dr. Husaini submitted his Individual Disability Claim Form,” Unum allegedly denied his claim.

Unum claims that “Dr. Husaini is not medically disabled because his ‘lumbar spine condition’ does not justify work activity restrictions or limitations; his ‘condition of lateral epicondylitis is common and will gradually improve,’ and; his headaches do not limit his abilities as he is able to work 60 hours per week.”

The disability insurance lawsuit alleges that Unum concocted an alternative and illegitimate medical basis to disclaim coverage by performing a self-serving, unreasonable and incomplete investigation, which conflicted with an abundance of testimony, documentation, medical records, and vocational data submitted by Dr. Husaini.

The Pennsylvania doctor is demanding judgment in his favor on this statutory bad faith claim, as well as compensatory damages, interest, punitive damages, court costs and attorneys fees, as well as all other costs and fees to be determined to be reasonable.

The Unum Lawsuit is Syed N. Husaini, M.D. v. Unum Group, Case No. 2:14-cv-00636-DSC, in U.S. District Court for The Western District of Pennsylvania.

In general, Unum lawsuits are filed individually by each plaintiff and are not class actions.

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