By Brigette Honaker  |  April 19, 2018

Category: Consumer News

Unum disability claims denial ERISAUnum faces an ERISA disability insurance lawsuit alleging that the insurance company wrongly denied a disability claim.

Plaintiff Lisa M. recently filed a complaint again Unum group, alleging that the long-term disability insurance company wrongfully denied her claim. In her ERISA disability insurance lawsuit, she says the company should be held accountable.

According to her complaint, Lisa formerly worked for FoodScience, a nutritional and dietary supplement company, through which she qualified for an Unum long term disability plan. From 2011-2014, Unum provided coverage for FoodScience until Lincoln Financial Group took over coverage in 2015.

In January 2014, Lisa says she saw her doctor for persistent pain in her back, knees, and hip. Over the next few months, Lisa had a hospital trip and repeated complaints of pain to her chiropractor. By September 2014, she claims, she was seeing her chiropractor two times a week and taking Vicodin four times a day for severe pain in her neck and back.

In November 2014, an MRI diagnosed her with severe spinal canal stenosis and a prominent disc bulge. Spinal canal stenosis is a narrowing of the spaces within the spine. The condition can put pressure on the nerves that travel through the spine and is often related to osteoarthritis. Spinal canal stenosis is often treated by physical therapy, steroid injections, pain relievers, and a decompression procedure. In severe cases, some patients may require surgeries to relieve pressure on nerves.

Due to her severe pain and limited capabilities, Lisa says she began applying for disability shortly after her diagnosis. As a result of her medical problems, her final day at work was Dec. 30, 2014. She claims that while reviewing her application, the Social Security Administration found that Lisa had been disabled since Jan. 1, 2015 and would begin to receive benefits in June 2015.

After leaving her job, Lisa informed FoodScience that she wanted to apply for disability benefits and was directed to contact Lincoln Financial Group as they had taken over the insurance benefits. Due to the timing, Lincoln denied her claim in July 2016 and said she had to pursue benefits through Unum since her disability started on Dec. 31, 2014.

She then applied for benefits through Unum, as instructed. However, Unum denied her claim, saying that it had determined that she was able to perform her job duties up until Dec. 31, 2014. After gathering more evidence, Lisa’s claim was again denied by Unum.

According to the ERISA disability insurance lawsuit, Unum’s decision to deny Lisa’s claim is a violation of ERISA. The Employee Retirement Income Security Act (ERISA) is a federal law that was passed in 1974 to set standards for retirement pensions and health plans. The act established firm guidelines for insurance companies and health plan managers and gives policyholders the right to file an ERISA disability insurance lawsuit for denial of benefit and breaches of fiduciary duty.

Lisa accuses Unum of wrongly denying her disability claim and therefore violating ERISA. The ERISA disability insurance lawsuit seeks approval of her disability claim, court costs, and attorneys’ fees.

The ERISA Disability Insurance Lawsuit is Case No. 2:18-cv-00057-wks in the U.S. District Court for the District of Vermont.

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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