By Jessica Tyner  |  April 2, 2014

Category: Labor & Employment

iStock-Unum-Work-Injury-InsuranceWhen Unum lawsuit plaintiff D. Austin worked at the Community Hospitals of Indiana, her employer-provided long-term disability coverage was from Unum. Unum is the largest long-term disability provider in the country.

But a lot of people around the U.S. who were covered by the company are not happy. Lawsuits have been filed nationwide against Unum over its denials of disability insurance claims.

According to her Unum lawsuit, “Austin worked as a Registered Nurse at Community Hospital from 1992 until she became disabled in August 2011. Ms. Austin was forced to stop working as a result of the debilitating effects of fibromyalgia, knee replacements, asthma, neuropathy, and obstructive sleep apnea.” Her Unum disability benefits were terminated in 2013, two years after they began.

Although Austin filed an individual Unum complaint on March 18, she may qualify and opt into an Unum class action lawsuit in the future. Joining a class action lawsuit allows for plaintiffs to get a faster resolution, but compensation is divided among those who comprise the class. With an individual lawsuit, it can take much longer but compensation is for the specific person who brought the case.

According to her Unum lawsuit, “Ms. Austin has provided significant medical proof of her disability from her treating physicians, who have repeatedly opined that Ms. Austin is totally disabled from performing any occupation.” She sees a Unum lawsuit as her last resort. “In further support of Ms. Austin’s disability, the Social Security Administration has determined that Ms. Austin is unable to perform any substantial gainful activity due to medically determinable impairments and has approved Ms. Austin’s Social Security Disability Insurance benefits. Despite this proof, the Defendants refuse to pay Ms. Austin her disability benefits. As a result of the denial of benefits, Ms. Austin suffers from serious financial and emotional distress.”

She says she followed Unum’s protocol but still struggles. Her situation isn’t unique and similar sentiments are echoed in numerous Unum lawsuits.

A CBS expose on the inner workings of Unum revealed that the company financially rewarded employees who closed or denied the biggest claims. There are also instances of other benefits, including “pizza parties,” if Unum employees achieve a certain level of denials. While policyholders are waiting out appeals, their medical bills can continue to grow while they’re simultaneously unable to work.

Seeking What’s Due

Austin wants to get this ordeal behind her and get finances in order. She’s asking that the court moves forward and concludes she is entitled to long term disability benefits and receives back benefits plus interest, attorneys’ fees and “all other relief as may be just and appropriate.”

For many Unum victims like Austin, pursuing a legal claim – individually or as part of a class action – is the only avenue they have left in order to get compensation.

The case is Dawn Austin v. Unum Life Insurance Company of America et al, Case No.: 1:14-cv-429, in the United States District Court Southern District of Indiana Indianapolis Bend Division.

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

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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