By Amanda Antell  |  November 3, 2016

Category: Consumer News

Unum-Denied-DisabilityUnum Life Insurance Company is facing a new Unum insurance lawsuit from a California man who alleges the company wrongfully denied him long term disability benefits.

Even though his benefits were initially approved, the claimant has had numerous complications in gaining full disability benefits.

Plaintiff Gerald L. previously worked full time at Radio Shack as a Functional Manager, and had to do a number of physically demanding occupational duties.

According to the Unum insurance lawsuit, Gerald had a long history of neck and back problems that had progressively worsened throughout the years.

Eventually Gerald underwent laminectomy surgery in 2013, but it was only partially successful, and he was considered disabled.

According to the Unum insurance lawsuit, Gerald would be considered disabled if he no longer could perform the occupational duties due to sickness or injury.

Through medical documentation and testimony, Gerald proved this and has lost over 20 percent of his indexed monthly earnings due to said injury or sickness.

Due to his injury, Gerald was forced to cease working and has been unable to find any similar occupation.

In light of his previous job training and physical state, Gerald has been unable to earn a sufficient living wage and has not been involved in any form of employment.

Overview of Unum Claim Denial Lawsuit

According to the Unum insurance lawsuit, Gerald filed a claim for disability benefits in March 2015 and was approved on Aug. 20, 2015.

Unum reportedly retroactively approved his claim for benefits, but only began paying limited benefits on March 11, 2015.

However on April 07, 2015, those benefits were terminated even though Gerald’s condition had made no improvements.

He also still purportedly met Unum’s requirements to be considered disabled, with the company failing to send Gerald to an independent medical examiner.

Unum allegedly appointed medical reviewers and doctors to go through Gerald’s file, and allegedly overruled Gerald’s doctors opinions on his inability to work.

Even though there was overwhelming evidence that Gerald could not work to support himself, Unum still denied him his disability benefits.

Gerald submitted a request for review of the termination of benefits on Feb. 09, 2016, including additional medical documentation to support the injuries made in the claim.

According to the Unum insurance lawsuit, Unum allegedly employed an in-house doctor to dismiss the claims of Gerald’s physician. Unum ultimately sent a letter dated March 22, 2016, denying Gerald’s request for review.

At all times relevant since March 2015, Gerald has been disabled and has been unable to work. Gerald is seeking damages for all missed payments, plus any other relevant damages.

The Unum Insurance Lawsuit is Case No. 2:16-cv-02433, in the U.S. District Court for the Eastern 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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If you were denied a disability claim or had your disability benefits terminated without reason, you may be able to take legal action. See if you qualify by filling out the short form below.

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