A woman has filed an Unum denied disability claim lawsuit after Unum Life Insurance Company of America failed to recognize her as disabled.

Plaintiff Norma K. alleges she was employed as the Assistant to the Director of Operations at a school where employees were covered by a long term disability plan insured and administered by Unum.

In May 2017, Norma says she stopped working at the school, where her average monthly income had been $3,279.34. She alleges she had become disabled due to fecal incontinence, a condition she developed as a result of radiation treatment due to rectal cancer.

The long term disability plan has a 90-day elimination/waiting period. According to her Unum lawsuit, the amount of $2,295.54 represents 70 percent of Norma’s average monthly earnings and is the amount she expected to receive while on long term disability.

Norma says Unum paid benefits of $635.97 for the time period of Aug. 14, 2017 through Aug. 22, 2017. Norma received that payment on Oct. 24, 2017. But the day before, on Oct. 23, 2017, Unum terminated or denied Norma’s application for long term disability.

According to the Unum denied disability claim lawsuit, the company “claimed the level of treatment received along with stable weight and one-year schedule follow up did not confirm impairment that is at a level that would limit (Norma’s) ability to perform her occupation.”

Unum Denied Disability Claim Facts

On Nov. 6, 2017, Norma requested an administrative review by submitting the following statement: “I continue to suffer from bowel incontinence and find it challenging to leave the house for any extended period of time. This incontinence began after colon surgery done to eliminate scar tissue caused by radiation damage from colon cancer treatment.”

Norma explained that what was once an occasional problem has become chronic, and her physician, Dr. Blankenship, says the bowel incontinence could be a permanent disability.

Norma went on to say that the condition has worsened her depression and anxiety, all of which make it “impossible to maintain a regular work schedule.”

Due to the nature of the radiation and subsequent surgery, Norma says she is unable to detect when a bowel movement is presenting itself, which has led to her having accidents related to the bowel incontinence in her own home. Dr. Blankenship considers Norma to be “basically homebound” due to her inability to control her bowel movements.

On Dec. 22, 2017, Unum’s house doctors claimed Norma was able to perform her normal occupational duties. Unum affirmed its original denial/termination of her long term disability request, the complaint says.

Unum allegedly ignored its reviewing physician’s conversation with Dr. Blankenship, who said Norma can temporarily control stools with medication, but the frequency and urgency is a new development. Dr. Blankenship insisted that he was not aware of any accommodations or any schedule that would allow Norma to resume working full time.

The Unum denied disability claim lawsuit indicates Norma is owed disability benefits since Aug. 23, 2017.

The Unum Denied Disability Claim Lawsuit is Case No. 1:18-cv-00992-SCJ in the U.S. District Court for the Northern District of Georgia, Atlanta Division.

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.

Learn More