A woman has filed an ERISA disability insurance lawsuit against Unum for threatening to terminate her long-term disability benefits.

Plaintiff Lisa H. was employed by Toyota and was also enrolled in their long-term disability plan managed by insurance giant, Unum. This was an ERISA employee welfare benefit plan.

ERISA stands for the Employee Retirement Income Security Act. It was enacted in 1974 to help protect the interests of employee benefit plan participants. Specifically, when it comes to long-term disability benefit plans, ERISA helps to regulate their operation.

Lisa claims that when she was still covered under the Unum-operated long-term disability insurance plan, she ceased to work due to a disability in 2001. According to her ERISA disability insurance lawsuit, she has been and continues to be disabled under the provisions of her long-term disability plan.

She applied to begin receiving benefits in 2001 and has been receiving them consistently since then. According to her ERISA disability insurance lawsuit, she still suffers from the same disability as she did over fifteen years ago.

However, in May 2017, Lisa received a letter from Unum stating that they were investigating her claim and that she was required to go to a medical examination with a psychiatrist in June 2017.

She agreed to go, but wanted to record the examination. The psychiatrist refused to perform the exam if it was recorded. According to this ERISA disability insurance lawsuit, the doctor was hired by Unum and Lisa claims she thought he might incorrectly report his findings.

Because of this, the doctor sent her away even after she expressed her indication that she would comply with the examination as long as it was recorded for her protection.

Unum sent her another letter with a new time for the examination and Lisa responded stating that under ERISA, she was entitled to record the exam or have a witness present. The ERISA disability insurance lawsuit states that “ERISA claims are litigated primarily on a closed record and the court is unable to obtain a full record of the examination without a recording or a witness statement.”

Her response letter also stated that these so-called independent exams are not truly independent and that a recording or witness helps to protect everyone.

Unum has stated explicitly, Lisa claims, that they intend to deny her benefits if she does not comply with the examination as they want it to occur.

Lisa also alleges that Unum has “planned termination numbers” and that her case has been identified as a claim to allow Unum to meet those planned termination numbers.

Lisa is filing this ERISA disability insurance lawsuit on two counts. The first cause of action is to enjoin defendants from terminating plaintiff’s claim in violation of the plan terms and its fiduciary duty and to obtain equitable relief. The second cause of action is to clarify the plaintiff’s rights to benefits.

This ERISA Disability Insurance Lawsuit is Case No. 1:17-cv-00220-HSM-CHS in the United States District Court for the Eastern District of Tennessee, Chattanooga Division.