A woman has filed a lawsuit against Unum after the company stopped her chronic fatigue syndrome disability payments.

Plaintiff Jennifer L. claims she had to stop working in the spring of 2015 due to severe physical and cognitive limitations caused by chronic fatigue syndrome. She was 31-years-old at the time.

Jennifer says she was employed as an associate attorney practicing commercial litigation at Rumberger, Kirk & Caldwell, where she participated in the coverage for long-term disability.

According to the chronic fatigue syndrome lawsuit, Unum approved Jennifer’s claim for long-term disability benefits and paid the benefits for almost two years before deciding to terminate her benefits.

Jennifer says the long-term disability policy includes an associate attorney under the Class 3 participant list, who is “disabled” or has a “disability” when injured or ill and “cannot perform each of the material duties of his regular occupation.”

For attorneys, the “regular occupation” reportedly means “the specialty in the practice of law which the insured was practicing just prior to the date disability started.”

Jennifer Before Chronic Fatigue Syndrome

According to Jennifer’s lawsuit, she was recruited by Rumberger in 2011 for his commercial law firm because of her experience in federal, multidistrict litigation and Miami-Dade’s complex litigation division. She worked full-time as an associate attorney in the specialty practice of complex commercial litigation from October 2011 until April 10, 2015.

The chronic fatigue syndrome lawsuit indicates she “excelled” at Rumberger, where her duties and responsibilities allegedly included commitments to actively participate in long depositions, mediations, hearings and conferences. Jennifer purportedly supervised paralegals and other staff members who worked with her on her caseload.

Jennifer’s position within her specialty practice required the following, according to the chronic fatigue syndrome lawsuit:

• Long hours
• Tight deadlines
• Complex problem solving
• High-level legal writing
• Research
• Analytical skills
• Sustained high levels of attention and concentration
• Interpersonal skills for public and peer interaction
• Out of state travel

Jennifer maintains that she never failed to earn high reviews and praise from her supervisors, shareholders and partners who admired “her hard work ethic, quick processing speed, superior oral and written skills, and client relationships.”

Chronic Fatigue Syndrome Diagnosis

In the spring of 2015, Jennifer allegedly suffered a decline in her physical and cognitive functions. Her doctor reportedly diagnosed her with Myalgic Encephalomyelitis/Chronic Fatigue Syndrome.

Unum paid Jennifer the long-term disability benefits until Feb. 14, 2017. On that date, Unum allegedly terminated her benefits, saying she was not disabled and that she should return to her regular occupation.

Unum’s decision to stop Jennifer’s disability benefits allegedly were based upon the opinion of a doctor who works for Unum, and not by her own attending physician.

Jennifer’s own attending physician said that Jennifer was suffering a “continued, slow decline” and was unable to get out of bed more than two hours during a 24-hour period.

The Chronic Fatigue Syndrome Lawsuit is Case No. 1:18-cv-21727-MGC, in the U.S. District Court for the Southern District of Florida, West Palm Beach Division.

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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