A New York woman has filed a long term disability benefits lawsuit against Unum, the provider of her insurance policy for failure to fulfill her benefits plan.

Plaintiff Tracy Anne P. worked as a staff nurse for New York Presbyterian Hospital and was enrolled in an ERISA welfare benefit plan that should have offered her long term disability benefits from Unum. ERISA is the Employee Retirement Income Security Act of 1975, which regulates employee benefit plans under federal law.

Back in November 2015, Tracy Anne says she was forced to stop working because of “degenerative disc disease aggravated by an on the job injury.” She filed a long term disability application through Unum and even though she was initially approved, they stopped payment claiming her condition had improved and she could again perform her own occupation.

Due to Unum’s latter decision, Tracy Anne was unable to receive further long term disability benefits.  Even though she appealed, Unum once again denied her long term disability benefits and refused to pay her.

According to her lawsuit, her “pain generators have been documented with objective radiographic findings including MRIs which reveal disc protrusions with indentation of the thecal sac in both the cervical and thoracic spines.”

Additionally, her disability has been “strongly supported” by the orthopedist who has been treating her. Dr. King has prohibited Tracy Anne from prolonged sitting or standing and from lifting anything that is greater than 20 pounds. These restrictions, her long term disability benefits lawsuits states, prevents her from working as a nurse at a “medium duty.”

Also, because of her condition, Dr. King asserts, she cannot spend prolonged time writing or typing. This means that alternative occupations such as medical record review would also not be possible for Tracy Anne either.

Tracy Anne says her chronic pain does not allow her to sustain a full time work schedule.

The policy allowed for Unum to examine Tracy Anne to assess her condition, but she says Unum did not conduct an exam. She alleges Unum instead rejected her personal physician’s opinions without examining her for themselves.

She claims that Unum “acted arbitrarily to terminate benefits without evidence of medical improvement” and that she has “exhausted her required administrative remedies under the long term disability plan.”

Tracy Anne believes that Unum has not acted in good faith and as such, she should be provided damages in the amount of money she is owed under her long term disabilities plan.

This Long Term Disability Benefits Lawsuit is Case No. 1:17-cv-00341-TMS-CHS in the United States District Court of the Eastern District of Tennessee at Chattanooga.

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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