By Top Class Actions  |  January 21, 2014

Category: Labor & Employment

Unum disabiliy insurance problemsWhile many people are used to submitting claims for healthcare needs, there are a number of aspects of disability insurance policies that make trying to get benefits difficult, whether or not one has to deal with company claim denial specialists.

Here are answers to commonly asked questions that many policy holders have about the process and issues:

1) Do I have to file an appeal? It’s safer to do so. Disability insurance lawsuit attorneys note that after the first denial, many former employees consider legal options. However, they need to follow policy procedures in order to “exhaust administrative options,” especially policies governed by the Employee Retirement Income Security Act (ERISA).

2) Do I need to be unable to work at any job to get benefits? You need to review your policy to see if it pays based on “own occupation” disability. This is more beneficial because it means, for example,  that warehouse workers only have to be unable to work at their job. Without this phrasing, claim denial specialists may be able to use company doctors to show that employees can work other positions.

3) What are offsets and how can they affect my monthly benefits? A policy is designed to pay up to a certain fraction of the income you would have made over the course of a month. However, in some cases you may be able to do work in a less strenuous field. In the case of this or a successful application for benefits from the Social Security Administration, the Unum disability insurance payments and those of other companies will only be the remainder of the total benefits minus what a person obtains from these sources.

4) What medical issues should I be aware of? Insurance companies do not have to take your family doctor at his or her word to assess your condition and whether or not you are able to work and can get benefits from an “own occupation” or other type of policy. They may use other medical experts to review your claim and decide whether or not to begin payments. However, they cannot require that you undergo surgery.

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

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If you were denied a disability claim or had your Unum disability benefits terminated without reason, you may be able to take legal action against the insurer. See if you qualify by filling out the short form below.

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