By Amanda Antell  |  February 8, 2018

Category: Legal News

Life insurance concept with leaflets and magnifying glass in monochromeUnum Life Insurance Company of America is facing a new claim denial lawsuit from a woman alleging her LTD benefits were wrongfully withheld. The woman alleges that even though she met all eligibility requirements and submitted documentation to confirm this, Unum still chose to deny the woman LTD benefits.

Colorado plaintiff Kara S. is filing this claim denial lawsuit, stating she needed LTD benefits for her medical treatments and bills.

According to the claim denial lawsuit, Kara was previously fully employed as a geologist for Anadarko Petroleum Corporation since 2005. Kara eventually gained the title of Senior Geologist and worked for the company for the next ten years until Nov. 2, 2015. Kara was employed long enough to become eligible for LTD benefits, which she should have been able to receive if ever needed.

Her disability insurance policy was renewed and updated throughout the years, giving Kara the impression that she did not have to worry about any issues she might have when filing her claim.

Overview of Unum LTD Benefits Denial

This was reportedly not the case for Kara, who noticed her health began declining in March 2015. Some of the symptoms Kara experienced included fatigue, limited physical movements, and migraines, which eventually became so painful that Kara could not work. Eventually, Kara was diagnosed with dysautonomia in July 2015, along with mast cell activation and orthostatic intolerance in November 2015.

Kara was forced to cease working and initially filed for short term disability (STD) benefits, which lasted 180 days. Even though Unum approved the claim for STD benefits on Nov. 2, 2015, after reviewing medical testimony that was submitted, Kara had to apply for LTD benefits when it became clear her condition would not improve.

Initially, Unum approved Kara’s claim for LTD benefits, but later backtracked by stating she could return to work. In a letter dated July 7, 2016, Unum stated Kara could return to her occupation eventually and that she would receive no further benefits after May 19, 2017.

Unum’s letter also listed the occupational requirements of a Senior Geologist and concluded that she could go back to work despite medical records and physician testimony stating otherwise. Unum’s letter also stated that her medical condition had shown improvement since Nov. 2, 2015, when the company first acknowledged her disability.

Under the terms of the long term disability benefits policy, Unum would pay 66.67% of Kara’s basic monthly earnings if she met all LTD benefits policy requirements. The policy claims that a policyholder’s injury or sickness must prevents them from performing all occupational duties, and therefore losing over 20% of monthly income.

In addition, the policy further states that the sickness or injury must prevent the policyholder from working in a similar occupation or unable to earn a sufficient income from a different job. Even though she allegedly met all eligibility requirements, Kara was still denied her LTD benefits and has been forced to resort to legal action.

Kara is seeking compensation for all missing LTD benefits payments, along with any additional interest or relevant damages. Kara has since been unable to work since her disability diagnosis, and is facing continuously mounting medical bills.

This Claim Denial Lawsuit is Case No. 1:18-cv-00094-NYW, in the U.S. District Court of Colorado.

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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