An Unum denied disability lawsuit has been filed against the insurance company by a man who says he was wrongfully denied benefits.

Plaintiff Joshua J. “suffers from small fiber peripheral neuropathy, a complication of Sjogren’s Syndrome, chronic pain syndrome, and IBS at a level of severity that have necessitated the implantation of a spinal cord stimulator and prevented him from performing the usual and customary duties of his own occupation or any other employment on a regular basis since June 15, 2015,” says the Unum denied disability lawsuit.

Joshua was forced to pursue short-term disability and long-term disability benefits provided by his employer, Adzerk, Inc., where he had worked since Oct. 20, 2014, as a senior software engineer.

He alleges that as of June 15, 2015, the accumulated, combined effects of Joshua’s impairments made him unable to complete work activity on a sustained basis. He was approved for short term and long term disability benefits, which were terminated in November 2016, even though he “submitted overwhelming evidence that his disability has not ceased.”

Joshua exhausted all administrative appeals to Unum effective July 14, 2017.

In his appeals, Joshua submitted medical evidence from his own neurologist asserting that Unum’s own physician supported the medical findings. The findings showed proof of ongoing disability under the “own occupation” and “any occupation” definitions of Unum’s policy.

Joshua’s Unum denied disability complaint outlines the following alleged violations of Unum’s disability plan provisions:

• Joshua is totally disabled and cannot perform the material duties of his own or of “any other occupation which his education, training or experience would reasonably allow;”
• Unum “failed to accord proper weight to the evidence in the administrative record showing that Plaintiff is totally disabled;”
• Unum’s “interpretation of the definition of disability contained in the policy is contrary to plain language of the policy, unreasonable, arbitrary and capricious; and”
• Unum violated the contractual obligation to provide Joshua with short term and long term disability benefits.

As a result, Joshua seeks the reinstatement of his Unum denied disability benefits until he is either no longer disabled or reaches the age of 65.

Unum is one of the largest providers of short term and long term disability insurance. Millions of consumers pay disability insurance premiums with the hope of never needing to use such benefits but sleep better at night knowing that protection is there if needed. Unum insures more than 17 million Americans.

Unfortunately, when Unum refuses to cover a claim, the company appears more profitable to its shareholders.  In 2005, the Department of Labor ordered Unum to resolve bad faith practices such as misreading medical records and flat-out refusing to acknowledge a disability.  Joshua’s Unum denied disability lawsuit alleges the company continues to refuse to honor honest claims.

If you have been covered by an Unum insurance policy and have been denied disability benefits, you could be eligible for compensation and could benefit by speaking with an attorney.

The Unum Denied Disability Lawsuit is Case No. 1:17-cv-814 in the U.S. District Court for the Middle District of North Carolina, Durham Division.