An Indiana nurse has filed an Unum claim denial lawsuit stating she was wrongfully denied short term disability insurance by the company.

Plaintiff Barbara V.’s rights to short term disability insurance falls under ERISA, the Employee Retirement Income Security Act of 1974.

Barbara was a licensed practical nurse with Clarian Health Partners. As an employee, she was a participant in Clarian’s short term disability plan, of which Unum is the claims administrator.

Unum Claim Denial Lawsuit

She began working for Clarian in March 2000 and remained there as a faithful employee for fifteen years. In January 2015, Barbara became disabled due to sciatica, migraine headaches and fibromyalgia.

When she became unable to work, according to this Unum claim denial lawsuit, the plaintiff applied for short term disability benefits.

Unum, however, denied her short term disability benefits claim on March 5, 2015.

A little over a month later, on April 28, 2015, Barbara appealed the Unum claim denial. However, her appeal was denied by Unum on July 27, 2015.

Barbara claims that since January 12, 2015, she has been unable to perform the material duties of her own occupation and was forced to leave active employment on that date.

According to this Unum claim denial lawsuit, Barbara has provided Unum with more than enough medical evidence to qualify her for disability under the terms of the Clarian Health Short Term Disability Plan.

She believes that Unum has intentionally and without reasonable justification refused to pay her short term disability benefits in violation of the her Clarian plan as well as in violation of ERISA.

She is asking that Unum pay her her past due benefits, that she is awarded interest on the amount of back benefits which remain unpaid and that she is awarded interest on the unpaid back benefits.

According to her Unum claim denial lawsuit, Barbara asks that she is awarded reasonable reimbursement for attorneys’ fees and costs incurred as a result of Unum’s alleged wrongful denial of benefits as well as any other relief that may be just and appropriate.

Unum’s Bad Faith Tactics

This isn’t the first time that Unum has been the subject of an Unum claim denial lawsuit. In fact, they have been accused of bad faith insurance tactics in the past.

The insurance giant and its subsidiaries have consistently been found responsible for questionable practices regarding denial of claims.

Unum has been accused of delaying or denying claims by ignoring professional medical diagnoses or using in house “experts.” They have been accused of changing policies after a claim is filed, as well finding a person able to work even though a diagnosis from a medical professional states otherwise.

This is called bad faith insurance and those who experience this may be eligible to lodge a complaint against their insurer.

The Unum Claim Denial Lawsuit is Case No. 1:16-cv-2838 in the U.S. District Court for the Southern District of Indiana, Indianapolis Division.