The plaintiff in a new lawsuit against Unum Life Insurance Co. claims he exhausted all other options in fighting a denied insurance claim before he resorted to suing the insurance company for his benefits.

Plaintiff James Bennett filed his Unum lawsuit on Dec. 23, 2013, just days before the holidays. For Bennett, it was yet another tough year of battling the insurance giant, living off of savings and trying desperately to get the compensation he deserved from a policy he paid into for years.

In an effort to start 2014 on the right foot, Bennett has joined countless other alleged victims of Unum claim denials who realized that filing an insurance denial lawsuit was the only way to get action taken. As an employee of Data Research and Analysis Corp., Bennett didn’t think much of his long term disability (LTD) provider— until he needed it. Unum is one of the biggest insurance providers in the country, and if your employer provides you with your life and/or LTD coverage, there’s a good change that you have a policy with them, too.

Bennett “was an employee until the cessation of his employment on June 30, 2011,” and that’s when his personal Unum nightmare began. Currently residing in Ohio, Bennett was living and working in Alexandria City, Virginia, when he began paying into the policy.

“In or around 1996, Plaintiff became employed at Data Research and Analysis Corp. As part of its benefits package to employees, (the company) provided Plaintiff with a disability benefit program issued and underwritten by Unum.” However, Bennett became “totally and permanently disabled” on July 1, 2011, with his condition meeting the definition of the plan. He “was disabled due to lumbar degenerative disc disease, retrolisthesis, central canal stenosis, thecal sac compression, disabling levels of pain and other disabilities.”

After paying into his Unum disability policy for 15 years, Bennett had no idea what challenges he was facing.

Unum policyholders like Bennett often note in insurance denial lawsuits that the company preys on people who are the most vulnerable: those who are newly facing severe disabilities and big lifestyle changes. Exposés have featured Unum, including notes from former employees who have stated that there were financial bonuses for Unum employees who could close or deny the highest-paying policies.

The bevy of Unum insurance lawsuits is evidence of just how many people feel legally wronged by the company.

Bennett applied for LTD coverage in July of 2011, and “after the 90 day elimination period, Unum found him disabled under the Plan.” He was approved for short-term disability for July 2011-September 2011 and then LTD from October 2011 to March 2012.

On May 16, 2012, the Social Security Administration (SSA) also approved Bennett’s disability, which isn’t easy to get, with a start date retroactively at October 2012. However, on March 23, 2012, Unum canceled Bennett’s coverage.

“On or around May 16, 2012, Plaintiff’s disabilities had not improved, his ability to work had not improved, and Defendant’s position was arbitrary and capricious,” states Bennett’s Unum lawsuit. During this time, he was on oxygen, experiencing severe pain that required narcotics to treat, and had been prescribed a cane.

On March 26, 2012, his physician reported that Bennett could not work full-time even at a sedentary position and his physician again submitted the same statement in July of that year. He “continues to suffer from severe, chronic pain. This pain is exacerbated by prolonged sitting, standing or walking and requires extensive pain medication. Plaintiff’s MRI shows disc protrusions, narrowing, and nerve root impact.”

Then, “on or about Sept. 6, 2012, Plaintiff underwent a vocational assessment by Vocational Expert Mark Anderson. Mr. Anderson opined that as a result of his pain and exertional limits, the Plaintiff could not perform full-time sedentary work.”

However, this still wasn’t enough for Unum and Bennett’s resources were starting to look grim. Unable to work, he relied solely on social security and his savings to get by, simultaneously while facing ever-growing medical bills for his condition.

A Final Hope

Bennett is in no condition to work, let alone fight a legal battle, but he has no choice. Fortunately, joining an Unum multidistrict litigation (MDL) will mean a faster, yet still fair trial. Bennett has run out of appeals with Unum, which still keeps denying his claim.

Unum, “without reasonable justification, arbitrarily and in bad faith, has failed and refused to adequately and properly review Bennett’s medical information, has refused to revise its determination that Plaintiff is not entitled to long term benefits, and has failed and refused to reinstate Plaintiff’s benefit, which he’s entitled to,” the lawsuit states.

Claiming breach of contract, Bennett is asking the court to grant all benefits and restitution to him, grant punitive and exemplary damages along with any additional relief, and wants attorney and court fees covered. Disabled since July 2011, that’s a lot of back compensation Bennett is seeking. Sadly, like other Unum “customers,” it’s come down to this being Bennett’s only option.

The case is James Bennett v. Unum Life Insurance Company of America, Case No.: 3:13-cv-00426-TMR, in the United States District Court Southern District of Ohio Western Division.