Man Sues Unum After Rheumatoid Arthritis Disability Claim is Denied

A man has filed a lawsuit against Unum, alleging the company denied his rheumatoid arthritis disability claim.

Plaintiff Timothy G. alleges that he was employed full-time by Cintas from 2004 to 2005. His employment with Cintas began when the company purchased Timothy’s original employer, All Type Fire Protection Company, which had employed him since 1990. Both companies were in the business of selling fire protection equipment and related services.

Timothy says his final position with Cintas was as general manager of Fire Protection Service Operations. His territory covered a large part of Missouri and southern Illinois. According to his rheumatoid arthritis disability claim lawsuit, Timothy had to regularly pick up and transport fire extinguishers and other heavy pieces of fire protection equipment weighing 50 to 75 pounds each.

Timothy alleges his schedule required three days of overnight travel per week, and more during emergency situations. He says that he worked 55 to 65 hours per week with additional responsibilities that included human resources management, route fill-in, customer problem-solving, sales, training and administrative work.

Timothy claims that he was diagnosed with rheumatoid arthritis in 2000 and that he has been unable to work since October 2005 because of his declining health. He says he is ill from chronic rheumatoid arthritis, co-existing conditions and side effects of treatments he receives.

Timothy alleges that he has constant pain in his neck, shoulders, hands, back, hips and his right knee. His joints are stiff and swollen, making it uncomfortable for him to sit or stand for extended lengths of time. He says he has lost coordination in the way he walks. He also claims he has lost coordination of his hands and how has problems gripping and grasping.

Renal insufficiency, diabetes, anemia and sporadic liver problems are among the co-existing issues that make choosing a safe and effective arthritis treatment more difficult, Timothy alleges in his rheumatoid arthritis disability claim lawsuit.

Unum Denies Rheumatoid Arthritis Disability Claim

Timothy alleges that he received short-term disability benefits from the time he stopped working in October 2005 through December 2005, at which time he filed for Unum long term disability benefits. He says he was initially approved at the Class 1 rate of $5,000 per month even though his Cintas benefits information indicated he qualified for Class 2 benefits of $10,000 per month. In December 2005, Unum confirmed Timothy was a Class 2 employee. In January 2006, however, Unum sent Timothy a different letter saying his rheumatoid arthritis disability claim would be treated as a Class 1 claim of $5,000 a month.

In December 2006, Timothy says he applied for and received Social Security Disability Insurance benefits, which at that time amounted to $2015 per month.

In July 2017, Unum allegedly notified Timothy that his rheumatoid arthritis disability claim was no longer valid and that his long term disability benefits would be stopped. Unum alleged that Timothy “was able to perform the material and substantial duties of his occupation.”

Despite following the appeals process, Timothy says he had continued to have his rheumatoid arthritis disability claim denied.

In his lawsuit, Timothy alleges that Unum’s decision to deny his claim “was biased and tainted by conflict of interest, in that Unum both determines benefit eligibility and pays benefits.”

The Rheumatoid Arthritis Disability Claim Lawsuit is Case No. 4:18-cv-1098 in the U.S. District Court for the Eastern District of Missouri, Eastern Division.