A man has filed an ERISA disability lawsuit alleging that Unum Life Insurance Company of America failed to provide him required benefits.

Unum Life Insurance Company of America, the largest administrator of disability insurance in the U.S., is a Fortune 500 insurance company headquartered in Chattanooga, Tenn.

Plaintiff Adrian J., a Texas resident, states that Unum is operating under an inherent conflict of interest, according to the ERISA disability lawsuit.

Unum, “administered the plan and retained the sole authority to grant or deny benefits to applicants,” the ERISA disability lawsuit contends.

Additionally, “since the insurance company’s decision to deny disability benefits is an alleged conflict of interest, the court, under de novo standard of review” should review that decision.

Adrian’s disability insurance policy is an employer-sponsored policy provided through his employment at Ambion Inc.

Adrian states that he became disabled on Oct. 4, 2002 after sustaining a TBI, or traumatic brain injury from a motorcycle accident.

According to the ERISA disability lawsuit, Adrian sustained injuries and because of the accident, became totally disabled. He cannot perform tasks under the current job setting stemming from his own occupation or from any other duty from any other occupation due to his medical condition, the ERISA lawsuit contends.

Shortly after the accident, he filed for both short-term and long-term disability benefits and was granted both. On April 21, 2016, however, the plaintiff applied for disability plus benefits under the plan but was denied. He has recently submitted his appeal to that decision.

According to the ERISA disability lawsuit, the “plaintiff’s documented pain is so severe that it impairs his ability to maintain the pace, persistence and concentration required to maintain competitive employment on a full time basis, meaning an 8 hour day, day after day, week after week, month after month.”

He notes that prescribed medications are even causing adverse side effects that impair his cognitive abilities.

The ERISA disability lawsuit states that the “defendant’s interpretation of the definition of disability contained in the policy is contrary to the plain language of the policy, as it is unreasonable, arbitrary, and capricious.” As a result, the “defendant has violated its contractual obligation to furnish disability benefits to plaintiff.”

Adrian hopes to reverse Unum’s denial of disability benefits.

In recent years, however, Unum has faced a multitude of disability denial lawsuits accusing the company of denying disability benefits they should have qualified for under the terms set forth in their insurance policies.

The ERISA disability lawsuit and several others like it claim that the company purposefully denies the claims of thousands consumers like the disability lawsuit denied here.

The ERISA Disability Lawsuit is Case Number.4:17-cv-01302, in the U.S. District Court for the Southern District of Texas, Houston Division.