A woman has filed a lawsuit against Unum Life Insurance Company of America claiming she had her Unum benefits terminated despite still being eligible to receive them under the terms of her plan.

Plaintiff Donna R. is a massage therapist and physical therapist. She says she became injured after suffering from a physical attack and several falls.

These circumstances resulted in shoulder, arm and hand dysfunction, ligament laxity, neuropathy and tearing in her triangular fibrocartilage complex. In addition, she was diagnosed with post-traumatic stress disorder.

Donna says the pain from her attack and falls ultimately became so severe over a course of several years that she could no longer work as a physical therapist or massage therapist, and she was forced to close her practice.

Donna was under the care of her physician, physical therapist and hand therapist in order to obtain some relief from her physical issues.

One of her doctors found that her collarbone had also been dislocated. Another doctor noted some psychiatric issues stemming from losses and traumatic events that had occurred, and stated that the musculoskeletal condition was also likely contributing to her psychological issues.

She was diagnosed with major depressive episode and manic symptoms as well as obsessive-compulsive disorder and generalized anxiety disorder, which combined to unify diagnosis of bipolar disorder.

Following her diagnoses, Donna applied for long-term disability benefits in May 2013 and was paid those benefits due to her bipolar diagnosis. However, the policy limited payments for “mental and nervous” conditions for 24 months, and Donna found her Unum benefits terminated in July 2015.

Under Donna’s plan, she was required to apply for Social Security benefits. Unum’s payment of long-term disability benefits would be offset by her Social Security Benefit payment.

She was approved for Social Security benefits on Oct. 31, 2016, with the onset date of her disability listed as Dec. 4, 2012.

After having her Unum benefits terminated, Donna consulted with counsel and appealed to Unum, supplying the company with additional medical records. As part of her appeal, she noted that the California Mental Health Parity Act states that coverage for mental health must be equivalent to coverage provided for other health conditions.

Donna’s appeal was denied. In its denial letter, the company said that Donna had her Unum benefits terminated because she “was able to perform the duties [of] alternate gainful occupations and “was no longer disabled under her policy and is not entitled to additional benefits.”

The company stated that she had exhausted all of her mental health benefits.

Donna has brought forth several allegations against Unum including breach of contract, breach of duty of good faith and fair dealing and negligent infliction of emotional distress.

The plaintiff is seeking damages related to the provision of full benefits under her policy, plus interest, including prejudgment interest as well as all other economic and consequential damages, past and future general damages for mental and emotional distress and other incidental damages, punitive and exemplary damages, attorneys’ fees and costs, pre-judgment interest, future special and general damages and any additional relief as deemed just and proper by the court.

The Unum Lawsuit is Case No 2:17-cv-01287-JAM-CKD, in the U.S. District Court for the Eastern District of California.