A man has filed an Unum long term disability lawsuit over his denied claim.

Plaintiff Juan F. alleges he was employed by Whole Foods as an associate store team leader. As an employee, he was an eligible participant in the long-term disability policy that was underwritten and administered by Unum.

Juan says that according to the Unum long term disability policy, a person is considered disabled when “limited from performing the material and substantial duties of your regular occupation due to your sickness or injury; and you have a 20% or more loss in your indexed monthly earnings due to the same sickness or injury.”

The policy goes on to say that after 24 months of payments, the employee is considered disabled when Unum sees the person is unable to perform the requirements of a position that fits the employee’s education or training. In addition, the ill or injured employee must be under the regular care of a doctor.

Reasons for Unum Long Term Disability

Juan allegedly has constant and severe pain in his lower back that radiates down his right leg. He also says he has pain in his right shoulder.

According to the Unum long term disability lawsuit, he was diagnosed with the following conditions, among others:

• Discogenic Back Pain is pain coming from a damaged vertebral disc, often caused by degenerative disc disease.
• Spinal Stenosis is the abnormal narrowing of the spine’s bone channel where the nerves and spinal cord reside. Spinal stenosis can cause radiating pain, weakness and numbness as a result of the compression of the nerves and spinal cord.
• Radiculitis is the pain that radiates down the back of the leg through the calf and sometimes to the foot. The pain is often known as “sciatica,” and can be present at all times, or it can be aggravated by particular movements or positions.
• Scoliosis is the curvature of the spine. In adults who develop scoliosis, the curvature is often due to inflammation and the degeneration of the joints within the spine.
• Right Rotator Cuff Tendonitis is a type of shoulder pain caused by swollen or damaged tendons that provide motion withinthe rotator cuff. Repetitive motion or heavy lifting or reaching can cause rotator cuff tendonitis.

Because of the above issues and other painful conditions, Juan allegedly stopped working in July 2015. His initial application for Unum long term disability benefits was accepted and his payments began in January 2016. Unum allegedly stopped the payments Dec. 14, 2016.

Juan allegedly submitted at least two appeals to Unum that were denied.

The Unum long term disability lawsuit alleges that Unum’s decision to terminate Juan’s benefits were based on the views of Unum’s own medical consultants and not on the medical evidence presented by Juan and his own physicians.

As a result, the Unum long term disability lawsuit contends the decision to terminate Juan’s benefits “was wrong and arbitrary and capricious.”

The Unum Long Term Disability Lawsuit is Case No. 1:18-cv-22151-KMM in the U.S. District Court for the Southern District of Florida.

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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