A Massachusetts woman is suing Unum Life Insurance of America for wrongfully denying her long-term and short-term disability benefits after she sustained injuries from a car accident.

Under her disability plan with her employer, the company had the responsibility to provide its full-time employees long-term and short-term disability insurance coverage through a long-term disability insurance plan it had signed with Unum Life Insurance.  The long-term disability plans are in accordance with the Employment Retirement Income Security Act (ERISA), while the short-term disability benefits are governed by the Massachusetts state law.

Before the lawsuit, the plaintiff suffered a cerebral concussion after hitting her head by the trunk lid of a car.  After being hospitalized, it was discovered that she could no longer keep up with the responsibilities of her job requirements.  Eventually the plaintiff had to resign form her position due to her new disabilities, and she applied for both short-term and long-term disability benefits, according to the Unum lawsuit.

Under the insurance plan agreed to her by her place of employment, the plaintiff claims she meets all the requirements to obtain both disability benefits.  She can no longer perform the abilities for her job function, lost 20% or more of net income, and was declared disabled by her physician.  While Unum did approve her claim for short-term disability benefits, it did not last to the full term of eligibility; Unum denied her claim for long-term disability benefits.

Despite the fact that the plaintiff submitted medical testimony and documentation which proved her disability, the insurance group still refused her claim, stating that based on medical evidence she could actually still work in her occupation.  The rejection letter did not cite any of the information her physician sent the company.

As of now, the plaintiff exhausted all administrative options to claim her long-term and short-term disability benefits.  She is suing Unum Life Insurance in the hopes of regaining her benefits, compensation for lost payments, and interest.

Overview of Unum Claim Denial Tactics

Unum is the oldest disability insurance company in America, and the largest disability insurance provider in the world.  For years, people have been suing Unum and its partners for wrongfully denying claims or using unethical tactics to gather justification to deny claims.  The tactics Unum and other insurance companies have been accused of using against claimants include but are not limited to:

• Changing policies after claims are filed (and without the authorization or knowledge of policy holders)
• Improperly investigating the claim and obtaining opinions from unqualified witnesses
• Refusing to acknowledge their disability, especially mental disorders, fibromyalgia, and chronic fatigue syndrome
• Arguing that the claim is a pre-existing condition
• Use of detectives, friends, co-workers and neighbors in an attempt to discredit the disability