A facilities manager has filed an Unum disability benefits lawsuit against the insurance company after his physical limitations prevented him from engaging in his regular occupation, but the company didn’t pay.

Orlando G. is a 52-year old man who was responsible for managing the physical plants of several facilities that belonged to his company, scrutinizing expenses and coordinating schedules for receptionist, mailroom clerks and other employees.

Initially, Orlando became disabled on Oct. 23, 1997, after he was diagnosed with human immunodeficiency virus (HIV). He applied for long-term disability benefits from Unum following an 180 day elimination period and received his long-term disability benefits.

On July 9, 2015, after 17 years of having received the long-term disability benefits, Orlando’s benefits were terminated, according to his Unum disability benefits lawsuit.

Orlando received a letter from Unum saying that he no longer met the policy’s definition of disability and that he was capable of returning to work full-time.

Since his initial disability was diagnosed, Orlando has also acquired other medical conditions, including diabetes, disc herniation in the lumbar spine, degenerative disc disease in his cervical spine and carpal tunnel syndrome.

Even though his initial disability had not changed, and despite having medical documentation from several doctors, Orlando was still denied his long-term disability benefits, according to his Unum disability benefits lawsuit.

“[Orlando’s] physicians agree that he suffers from permanent physical and cognitive impairments as a result of his HIV, the medications associated with treating his HIV, and various other documented medical conditions and the medications associated with those conditions,” the Unum disability benefits lawsuit reads.

It goes on to say that Orlando “continues to suffer from symptoms including severe fatigue, lack of energy and stamina, headaches, insomnia, chronic pain in his right hand and arm, chronic back pain, and severe cognitive impairments including memory loss and an inability to focus or concentrate in any sustained manner.”

Orlando had also been approved to receive Social Security Disability benefits as of May 2000 and continues to be classified as totally disabled by the Social Security Administration up through the present.

After having been denied continued long-term disability benefits, Orlando filed any administrative appeals that were available to him; he had exhausted all of those appeals prior to filing his Unum disability benefits lawsuit.

“Indeed, Unum has a well-documented history of claims handling abuses which reflect a dubious propensity to serve its own financial best interests, by denying or terminated otherwise valid claims for disability benefits,” Orlando’s Unum disability benefits lawsuit argues.

The plaintiff alleges that Unum has breached the terms of its policy and has violated the requirements of the Employee Retirement Income Security Act, otherwise known ERISA.

Additionally, Orlando argues in his Unum disability benefits lawsuit that Unum failed to investigate his physical and cognitive functionality before it terminated benefits.

Orlando is seeking relief in the form of having his disability benefits re-instituted, being awarded attorneys’ fees and costs and any additional relief the court deems just and proper.

The Unum Disability Benefits Lawsuit is Case No. 3:16-cv-04843, in the U.S. District Court for the District of New Jersey.