By Robert J. Boumis  |  January 10, 2014

Category: Labor & Employment

disability insurance denialSusan Erickson of Minnesota has filed a lawsuit against Unum, the largest provider of disability insurance in the world. Her lawsuit alleges that Unum wrongfully denied her insurance claim.

According to the Unum lawsuit, Erickson had a long-term disability (LTD) insurance policy with Unum through her former employer, Thomson Reuters. Her lawsuit states that she filed for disability benefits related to a number of medical conditions, including fibromyalgia, lupus, severe pain and optic neuritis.

Fibromyalgia and optic neuritis both involve pain associated with the peripheral nervous system. Optical neuritis is limited to pain and inflammation of the optic nerve, the main nerve for the eyes. In fibromyalgia, the pain is spread throughout the body. Both conditions are not fully understood by modern medicine. Lupus is an autoimmune disease in which the body attacks its own tissues and causes a wide variety of pain.

The Unum lawsuit holds that these conditions left her “totally disabled” according to the terms of the insurance policy since May 4, 2012.

Disability Payments Suddenly Stop

Unum initially approved Erickson’s claim for disability insurance. The insurance company reportedly paid her in accordance with the policy through Nov. 1, 2012. However, on Nov. 30, 2012, Unum canceled her benefits for reasons that the lawsuit asserts were “arbitrary and capricious.”

Erickson worked through Unum’s internal appeals process. She first filed an appeal on May 17, 2013, and later in August of the same year. Both of these appeals were denied. Under the Employee’s Retirement Income Security Act of 1974 (ERISA), the federal law that regulates pensions and LTD insurance, a policyholder must exhaust any internal appeals process before seeking civil redress. ERISA is designed in such a way that part of its enforcement is through lawsuits like Erickson’s.

Her Unum lawsuit seeks the reinstatement of her LTD benefits, including all benefits due from the time Unum denied her policy. She also seeks interest on back-owed benefits, legal fees, and the reinstatement of all future benefits.

The Unum lawsuit is formally titled Susan Erickson v. Unum Life Insurance Company of America, et al., Case No. 0:13-cv-03373-RHK-TNL, in the U.S. District Court for the District of Minnesota.

Get Help for Denied Disability Benefits

If you’ve had a legitimate long-term disability insurance claim denied by Unum, you’ve almost certainly found yourself in a challenging situation. People file for disability insurance benefits when they need them, and since disability insurance is a backup plan itself, many people have few options. Additionally, large corporations like Unum have a way of making their word seem final.

In general, Unum lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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Get Help With Your Long Term Disability Insurance Appeal

If you were denied a disability claim or had your disability benefits terminated without reason, you may be able to take legal action. See if you qualify by filling out the short form below.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

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