Unum Life Insurance Company of America has been hit with a new disability insurance claim denial lawsuit by a Pennsylvania man.

According to the Unum lawsuit, the plaintiff is seeking compensation for the company’s wrongful reduction of his long-term disability benefits.

Plaintiff Barry K. claims that initially he had no problems with Unum, as the company had been regularly paying his benefits for ten years.

Barry, who is 50 years old, was diagnosed with non-Hodgkin lymphoma, and has accomplished many feats despite his condition. He successfully graduated high school in 1982, and has worked hard doing odd jobs like mowing lawns, done carpentry, and even worked as a sous chef.

The Unum claim denial lawsuit states that Barry even went on to college, to which he completed his undergraduate work and then settled down in his career, making computer software for chronically ill patients.

Barry has been a hard worker his entire life, but developed a number of complications due to his non-Hodgkin lymphoma. In 1991, he had been approved by the Social Security Administration (SSA) to receive social security benefits, after filing a claim for idiopathic pulmonary fibrosis.

According to his medical records, Barry’s treating doctor believes that this condition resulted from chemotherapy treatment, for his lymphoma. However, he did not allow his medical conditions or treatments get in the way of his ambition, as he began working at UPMC as a project managers in software development in 2000.

According to the disability insurance lawsuit, Barry’s social security benefits had been suspended, because he was able to return to work. Unfortunately his career was cut short when he suffered cardiac attack on Feb. 14, 2003, and was forced to cease working.

While his social security benefits started up again without problem, his disability benefits from Unum was not so easy. Since his cardiac arrest, Barry has been unable to return to work.

Overview of Unum Claim Denial Allegations

The insurance claim denial lawsuit states that when Barry initially applied for long term benefits from Unum, he had been approved after filing medical testimony that described his failing health.

In order to be eligible for Unum’s long term disability benefits, the policyholder must be limited from performing the duties of their job, and must lose 20 percent or more of their indexed monthly earnings due to the condition.

Under the same plan, Unum is entitled to subtract from the policyholder’s monthly benefits if they have another source of income, such as social security benefits. However, Unum can only do this if these additional benefits are for the same disability.

Barry claims his monthly benefits had been $4,315.11 under Unum’s long term disability plan, but was later reduced to $1,005.11. In the letter of explanation, Unum did not provide adequate reasoning behind the severe reduction, especially with the monthly social security benefits being slightly over $2,000.

The plaintiff says he appealed this decision, but was denied promptly from Unum, with the letter stating he was receiving social security and insurance benefits at the same time. Barry is filing this Unum lawsuit, seeking compensation for any missing payments.

The Unum Lawsuit is Barry K. v. Unum Life Insurance Company of America, Case No. 2:15-cv-01395-CRE, in the U.S. District Court for the Western District of Pennsylvania.