An Alabama man has filed suit against Unum, claiming entitlement to Unum disability benefits denied allegedly in error.

Plaintiff Rodney F. says he was an employee of Serra Automotive, working as a service writer.

As an employee of Serra Automotive, Rodney says, he was a beneficiary of the Serra Automotive Plan for long-term disability insurance.

This plan was administered by defendant Unum or its associated companies, Rodney says.

Rodney says that in January 2014 he slipped on ice and fell, injuring his back in a way that extensive surgery failed to repair. Rodney argues that because of this back injury, he has been continuously disabled under the terms of the plan since February 2014.

Rodney says he filed a claim for disability benefits. Unum approved that claim and started paying him benefits in June 2014.

Rodney says Unum then encouraged him to apply for Social Security Disability Income. He now alleges Unum’s motivation in doing so was because a determination of disability by SSDI would give Unum a reason to reduce Rodney’s benefits payments from the Serra Automotive Plan.

Plaintiff: Unum Disability Benefits Denied Arbitrarily

Around January 2015, Rodney says, Unum began a scheme to deny his disability benefits. Among other allegations, Rodney says the company hired investigators to spy on Rodney in his home – revealing only evidence that confirmed he continued to be disabled under the plan’s terms, he says.

Rodney also claims Unum contacted both his current and past treating physicians, looking for a reason to deny his disability benefits.

He claims Unum repeatedly pressured his current physician, Dr. Gibson, to change his opinion on his ability to work, sometimes misrepresenting to Dr. Gibson the requirements of Rodney’s occupation.

Dr. Gibson never changed his opinion that Rodney was unable to maintain any gainful employment due to his disability, he says.

Rodney says Unum required him to submit to a cursory medical exam by one of Unum’s own contracted doctors. He says the examining doctor knew Unum was seeking to terminate Rodney’s benefits.

Knowing that, and after an exam only a few minutes long, the doctor concluded that Rodney was able to work eight hours per day.

At the same time Unum was trying to cut off Rodney’s benefits under the Serra Automotive Plan, it was actively trying to get him approved for SSDI, he alleges.

After Unum’s input in that process – which Rodney says strategically excluded the report from the Unum doctor’s exam – Social Security determined Rodney was disabled and approved him for SSDI benefits.

In July 2015, Unum discontinued Rodney’s disability benefits. Rodney says he went through an internal appeals process, challenging the flaws in Unum’s own medical exam.

He submitted supporting evidence from Dr. Gibson, who himself pointed out the flaws in the Unum exam. Unum nevertheless denied Rodney’s appeal in September 2015.

Rodney argues having his Unum disability benefits denied violates the Federal Employee Retirement Security Income Act, or ERISA. He seeks an award of all past due and owing Unum disability benefits denied, plus interest.

He also seeks reinstatement of his ongoing benefit entitlement, attorney’s fees and court costs.

The Unum Lawsuit is Case No. 2016-CV-468, in the U.S. District Court for the Southern District of Alabama.