A principal second violinist for the St. Louis Symphony Orchestra says she was denied her long term disability claim for benefits through two different appeals.

Plaintiff Alison H., the orchestra’s second violinist for nearly 25 years, alleges she had a long term disability insurance policy provided by the organization as part of its benefit package. This policy was funded and administered by Unum Life Insurance Company of America.

Alison has filed a new lawsuit against Unum under the Employee Retirement Income Security Act (ERISA) seeking to reclaim funds denied her through her long term disability claim.

This lawsuit was filed in federal court in Missouri on March 22, 2018. The plaintiff is a citizen and resident of the State of Missouri.

According to the lawsuit, Alison has scoliosis—a lateral curvature of the spine—as well as degenerative spinal disk disease, costovertebral arthritis with dysfunction, and thoracic outlet syndrome. As part of these conditions, she alleges she experienced progressively worsening pain in her back, neck, and shoulder regions which eventually interfered with her ability to work because of its intensity.

Allison says she went on medical leave from her job for a year beginning in December 2015. The plaintiff filed a long term disability claim in the first six months of this leave knowing that the claim would coincide with a six-month contractual waiting period.

She says she sought extensive treatment for her muscular-skeletal conditions during this year of medical leave and continued such intervention through May 2017 and intermittently thereafter. Among the treatments engaged were physical therapy, epidural steroid injections, trigger point injections, anti-inflammatory medications, and narcotic pain-killers.

According to the lawsuit, the first denial of Alison’s long term disability claim occurred on Aug. 24, 2016. She appealed the denial of her long term disability claim and included a supportive letter written by the St. Louis Symphony Orchestra confirming that she could not perform the essential duties of her position as principal second violinist.

Despite this appeal, Allison says Unum denied her long term disability claim a second time on Oct. 24, 2016.

The plaintiff says she chose to appeal a second time in April 2017 and again included a letter from the St. Louis Symphony Orchestra which confirmed their belief in the sincerity of her pain and its ability to interfere with carrying out the duties of her job. This second appeal of her long term disability claim was also denied on July 12, 2017.

With this lawsuit, Alison seeks to claim long term disability benefits for the time from December 2015 through December 2016 when she wasn’t working. She also seeks to claim those same benefits for January to March 2017 when she worked occasionally as she was able. She says in her lawsuit that she realizes that these three months benefits will be subject to amount correction for days in which she worked and obtained wages.

The plaintiff alleges violation of ERISA and hopes for these benefits due her plus prejudgment interest and attorney and court fees.

The Long Term Disability Claim Lawsuit is Case No. 4:18-cv-00444-JAR in U.S. District Court for the Eastern District of Missouri, Eastern Division.

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