A lawsuit has been filed against Unum Life Insurance Company alleging the company has improperly withheld benefits despite the policy holder’s alleged eligibility under the plan.

On June 28, 2017, Plaintiff Robbin A. filed a lawsuit in U.S. District Court, Southern District of Ohio, Western Division. The lawsuit is filed with reference to the Employment Retirement Income Security Act (ERISA) of 1974.

This act is a federal law that established protections for individuals covered by health and pension plans set up by commercial industry. This ERISA disability insurance lawsuit was filed against Unum Life Insurance Company and Ameripath Inc. Group Long-term Disability Plan.

ERISA Disability Insurance Lawsuit Sparked by Denial of Long-Term Disability Benefits

According to the legal documentation, this ERISA disability Insurance lawsuit against the defendants was sparked by a denial of long-term disability benefits beyond July 28, 2016.

Robbin A. was employed by Ameripath Inc. as a laboratory aide, but ceased working for health reasons on or about August of 2005, a full 11 years prior to this denial.

In the factual section of the filing, the plaintiff revealed that she was required to work long shifts, often over and above a standard 8-hour day. During those shifts, she was expected to stand continually and often lift and move containers of chemicals that were exceedingly heavy.

This became too difficult for her due to a combination of cervical radiculopathy, osteoarthritis, stenosis of the spine, and vertebral disc degeneration.

What is Cervical Radiculopathy?

Cervical radiculopathy is caused by a nerve root in the neck being impacted in some manner. The symptoms of this condition are:

• Weakness or numbness along the area served by the affected nerve
• Inability to grip and hold onto objects
• Pain in hands or along the nerve path (which can be sharp and stabbing or burning in nature)

The plaintiff’s other physical conditions as outlined in this ERISA disability insurance lawsuit could also cause some of the same or additional disabling symptoms.

Comorbidity with Mental Illness

In addition to the spinal problems the plaintiff was experiencing in 2005, she also had depression and anxiety. At that time, however, her mental health benefits were exhausted.

The plaintiff did not attempt to further her benefits under these provisions, but cited her continued physical problems with any review. Later, according to the legal paperwork, Unum cited a limitation of 24-months for mental health benefits years later as justification for present denial of long-term disability.

In this ERISA disability insurance lawsuit, it was stated that Unum also said in their denial letter that Robbin was essentially fully-able to perform all activities related to being a laboratory aide regardless of the actual demands of the job.

The plaintiff brings two counts against the defendants in this case. The first count is for breach of fiduciary duty and the second count is for failure to maintain the requirements as established by ERISA.

Robbin is asking for a trial by jury and a favorable judgment in which she has her long-term benefits fully restored. She also is asking for accrued interest on withheld disability payments to date and abatement of any and all legal fees.

The Unum Life Insurance Lawsuit is Case No. 1:17-cv-00446-TSB, in the U.S. District Court for the Southern District of Ohio, Western Division.