By Sarah Mirando  |  December 19, 2012

Category: Pharmaceuticals
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Judges Accept “Reasonable” Unum Disability Insurance Denials

By John Curran

 

Unum disability insurance denialWhen a disability insurance lawsuit lawyer takes a case to trial, a judge hears it alongside a jury. The definition of proof is not “beyond a reasonable doubt” like it is with criminal cases. Rather, a jury can award proximate, or partial, blame to a benefits provider and adjust its award accordingly. However, companies like UnumProvident disability insurance don’t even face that fairly low standard.

Instead, in federal courts, the judges are forced to accept the use of contract language that allows the firm discretion in deciding when to award disability insurance claims. Thanks to higher court rulings, this means that the judge only has to find that the company has taken reasonable steps in deciding to stand by disability insurance claim denial specialists. This forces a further onus on plaintiffs to prove that the decision was not actually reasonable.

It also means that people who have received Unum claim denials need to consult with experienced disability insurance lawsuit lawyers. Unlike other potential case filings, these do not receive a normal jury trial. Instead, legal professionals have to ensure that the judge is aware of all potential factors in the course of a few hearings, and plaintiffs have to work even harder, as mentioned, but can only convince a single person.

In spite of those long odds, many people are successful in getting the benefits that they deserve from UnumProvident disability insurance as well as other providers. However, getting started with the legal process is critical in many cases: Social Security disability claims can take months, if not years to process and hearings can take time as well. In the interim, bills may be mounting for people who cannot pay for them by going back to work.

If it is not too late, employees should review group policies for language in contracts indicating that the disability insurance firm has the discretion to determine whether or not they have to pay out benefits. People with personal policies should do the same.

People who were not aware of these problems may now know that competent representation is critical for a successful judicial hearing. Visiting the Unum/UnumProvident Disability Insurance Claim Denial Class Action Lawsuit Investigation offers more information on legal options. A free consultation with an experienced disability insurance lawsuit lawyer is a quick form away.

Disability insurance providers may make mistakes, or may be trying to save a dollar or two. People who deserve their benefits need to consider pursuing a legal remedy to get them. 

 

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Updated December 19th, 2012

 

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