By Sarah Markley  |  March 2, 2017

Category: Consumer News

Unum-denied-disability-benefitsA woman from Los Angeles has filed a lawsuit claiming Unum denied disability benefits to her.

Kathleen L., from Los Angeles, California, was employed by Donaldson Filtration Systems. She worked for Donaldson as a controller until she alleges she became disabled on May 9, 2015.

Her responsibilities included month end closing books, training other accountants, sitting all day and working on a computer along with dealing with multiple issues in the accounting department.

She alleges that she became disabled on May 9, 2015 due to fibromyalgia and subsequent depression. Kathleen claims this condition had begun as far back as October 2014.

Since that time she missed days at work or needed to work from home. She did this until she could no longer work. She complained of muscle pains in her hips, right foot, both arms as well as her neck.

Fibromyalgia also causes fatigue and loss of energy, which is typical of the condition. She claims to have suffered from this as well as a lack of ability to think and concentrate.

However, when she tried to collect disability benefits under her insurance, Unum denied disability benefits to her.

Kathleen’s treating physicians including both her her primary care doctor as well as her rheumatologist stated in writing that she cannot work. Her rheumatologist confirmed that she is not capable of a low-stress job and can only sit for 5 minutes at a time. Unfortunately, her job requires constant sitting.

She was also determined to be, from a psychological point of view, clearly disabled even though Unum denied disability benefits to her. She identifies problems with concentration, loss of interest in all activities, generalized anxiety, mood disturbances, emotional withdrawal and sleep disturbances.

However, Unum claims that there are definitive tests to determine fibromyalgia and that laboratory tests cannot objectively test a patient for the condition.

Unum alleges that Kathleen is fit for work and does not need to collect disability benefits. Kathleen claims that it is unfair that Unum denied disability benefits to her when her disability insurance states that she should be entitled to them.

Her claim for benefits was denied on March 17, 2016. She appealed on August 16, 2016 and the denial was upheld on September 27, 2016.

Because Unum denied disability benefits to her, Kathleen is seeking damages payable at the rate of $4,899 per month plus interest and any other relief the court deems as just.

This Unum Denied Disability Benefits Lawsuit is Case No. 2:17-cv-00572, in the United States District Court for the Central District of California.

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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