A new plaintiff has come forward to file an ERISA disability lawsuit against the Unum Life Insurance Company.

This ERISA disability lawsuit was filed in a Massachusetts federal court by plaintiff Ellen F., a resident of the state and member of the Massachusetts Teacher Association. The case names Unum Life Insurance Company, Unum Group, and Massachusetts Teachers Association Plan as defendants.

The Plaintiff’s Story

According to the timeline established in Ellen’s ERISA disability insurance lawsuit, she discontinued working for Waltham Public School because of severe health challenges on March 5, 2013. Her ability to perform her job in a part-time or full-time capacity were allegedly compromised by symptoms of her physical condition.

As indicated in the narrative of her ERISA disability lawsuit, Ellen applied for short-term disability benefits after her last day of work and was granted benefits through Unum Life Insurance Company.

Unum insures and administers the Massachusetts Teacher Association’s ERISA welfare benefit plan. Within three months, she says, she applied for long-term disability benefits which were also granted. Her ERISA disability lawsuit reports that the complainant was paid long-term benefits for approximately one year and three months beginning in September 2013 and terminating in December 2015.

She alleges the termination of benefits was initiated by Unum without evidence of any reasonable improvement in Ellen’s condition or ability to perform the duties of employment.

Disability Insurance Appeal

In late May and early June 2016, Ellen says she took the necessary steps to appeal Unum’s decision to terminate benefits. She sent in current medical records and subjected herself to two independent assessments—a neuropsychological review and a vocational performance review. Both of these latter tests revealed corroborating evidence of her health limitations when it came to work, she says.

By midsummer, Unum had looked over all of Ellen’s new documentation and upheld its original decision to terminate her long-term benefits. Ellen believes, according to her ERISA disability lawsuit, that this decision was made based upon a brief report filed by an in-house physician employed by Unum.

Ellen alleges that the medical provider on whose word Unum based their decision was not impartial and failed to review the appeal material provided in her appeal.

She believes that she has been unlawfully denied benefits that are due her based upon the definitions of disability provided in the plan’s full disclosure of information. By filing this ERISA disability lawsuit, Ellen is claiming her right to a full, fair, and complete review of her claim.

Ellen’s aim is to clarify and enforce her rights under the plan, regain her long-term disability benefits, and gain access to damages that are due her. These damages should include interest, and attorney’s fees.

Her Unum Life Insurance Lawsuit is Case No. 1:18-cv-11911 in the U.S. District Court for the District of Massachusetts.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The bad faith insurance attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or Unum class action lawsuit is best for you. [In general, Unum bad faith lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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