A California resident has filed a new ERISA lawsuit, alleging that the company terminated her benefits and then claimed it had made an Unum disability overpayment.

The plaintiff, Adelina L., was employed at Aegis Therapies, Inc., and was covered through her work under a long term disability plan to receive benefits in the case she became disabled and unable to work. This insurance policy is an employee welfare benefit plan and was provided through Unum Life Insurance Company of America.

The plan is not only provided by Unum—the company itself is also responsible for determining whether or not a person covered by the plan is, in fact, disabled, and therefore should receive benefits.

In 2005, Unum found Adelina to be disabled. Accordingly, she was granted long term disability benefits. However, Unum suddenly terminated the policy in 2006, but was still required to continue paying long term disability benefits to those previously covered under the plan who had become disabled prior to the termination, including Adelina.

This arrangement continued for several years. It wasn’t until January 2013 when Unum informed Adelina that she had received a Unum disability overpayment on her claim.

According to Unum, the Unum disability overpayment amounted to just over $31,000. The insurance company demanded that they be repaid nearly $23,000 because of this. Her monthly long term disability benefits were subsequently decreased down to just $100 per month.

Because of the alleged Unum disability overpayment the company made to the plaintiff, Unum has also failed to pay past benefits. Adelina is now not receiving the benefits she is entitled to under her agreed-upon policy.

Adelina has appealed the claims of Unum disability overpayment, but Unum denied the appeal. Having exhausted all administrative approaches, Adelina turned to litigation to contest this decision. She filed her Unum disability overpayment lawsuit on Dec. 11, 2017 in the U.S. District Court for the Northern District of California.

Filing an Unum Disability Insurance Lawsuit

A growing number of plaintiffs like Adelina are filing long term disability lawsuits against Unum after running into issues with the life insurance company. Lawsuits allege that the insurance giant unfairly denied their long term disability claim to benefits that they are rightfully qualified for under the terms of their insurance policies.

This long term disability lawsuit and others like it allege that Unum has unfairly denied the disability insurance claims of plaintiffs who are qualified to receive such benefits, including Adelina. According to some lawsuits, the company denied the claims of hundreds of thousands of workers with legitimate disabilities on purpose, and for no reason other to increase the company’s profit.

If you or someone you love has been unfairly denied their long term disability benefits by Unum Life Insurance Company of America, or the company has claimed it needs money back after an Unum disability overpayment, you may be able to file an long term disability claim lawsuit.

The Unum Disability Overpayment Lawsuit is Case No. 3:17-cv-07033-JSC, in the U.S. District Court for the Oakland Division of the Northern 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.

Learn More