Unum faces yet another new lawsuit alleging that their policies wrongfully deny claims, this time from a man whose claim was denied after he applied for long term disability for cancer.

Plaintiff Charles M. recently filed a lawsuit against Unum Life Insurance Company of America, alleging that he was denied long term disability for cancer by the insurance company.

Charles says he was eligible for Unum life insurance benefits through his employment at Penn Mutual Life Insurance Company.

In August 2015, Charles was diagnosed with liver cancer, lung cancer, and stage four colon cancer. The next month, he began biweekly chemotherapy which caused him to suffer from nausea, fatigue, and other side effects, the lawsuit claims.

By November 2015, Charles alleges he was experiencing chronic fatigue and chronic brain fogginess which impeded his ability to work consistently. He says he was only able to work three hours a week and his hours were not predictable. His symptoms worsened with each chemotherapy treatment.

In January 2016, Charles developed neuropathy in his feet, lower legs, and hands. Due to these symptoms, he says he was unable to do basic tasks such as buttoning his shirt. This disability meant he could not type on the computer as a part of his job, he claims.

In March 2016, Charles says he underwent extensive surgery including a colon resection and an ileostomy, resulting in his use of an ileostomy bag to collect waste. He was in the hospital for 21 days as a result of this surgery, including 6 days in the intensive care unit.

However, Charles’ woes were not over. In June 2016, according to the lawsuit, new cancer was found in Charles’ liver, resulting in a July 2016 liver surgery. In August 2016, a nodule was found in Charles’ lung, resulting in a September 2016 lung surgery. Finally, in October 2016, his series of surgeries and recoveries were over and Charles began a new chemotherapy regime.

In November 2016, Charles applied for long term disability for cancer through Unum detailing his health issues and repeated surgeries. Unum denied his request for long term disability for cancer in January 2017, claiming that he had become impaired in September 2015 and should have applied for benefits no later than June 2016. Because of this, he says, Unum refused to pay his long term disability for cancer.

Charles appealed the decision in July 2017, explaining that his numerous health problems and cognitive impairments had affected his ability to apply for benefits. His colorectal surgeon provided support to this appeal in September 2017, explaining that medical issues made it difficult for him to handle personal or business issues such as applying for long term disability for cancer. Additionally, his doctor stated, there were many times that he and Charles were unsure whether he was going to survive, meaning that he had larger worries on his mind.

Unum rejected the appeal soon after, saying that Charles had not sufficiently proven that his symptoms were so severe that he could not submit a timely claim for long term disability for cancer. In November 2017, Unum said that if Charles returned to work and filed a new claim, his conditions would be excluded under the policy’s pre-existing condition provision.

Charles has continued to pay premiums on his policy, despite undergoing serious health struggles including the spread of his cancer to his brain. He claims that Unum’s denial of his claim was unfair and unlawful, and seeks the payment of his long term disability for cancer benefits in full including interest.

The Unum Long Term Disability for Cancer Lawsuit is Case No. 1:18-cv-04163-MHC in the United States District Court for the Northern District of Georgia.

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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