Ovarian Cancer Patient Sues Unum for Denying Disability Benefits

Magri was first hired on June 16, 1997, and under the company’s insurance policy, she was entitled to both long-term and short-term disability benefits from her full-time job, and was assumed to be eligible for disability, should she ever need it. The plaintiff ended up needing disability benefits on December 29, 2006, after being diagnosed with ovarian cancer and becoming impaired from the treatment.

Due to the intense physical effects the chemotherapy had on the patient, she was unable to perform her job functions as a patent attorney, and was therefore unable to work at all, the Unum lawsuit states. 

Soon after she was diagnosed with ovarian cancer, Magri applied for long-term disability from Unum on December 24, 2008. After reviewing all required paperwork she was required to send, Unum approved her for benefits on March 29, 2007, and Magri received normal payments up until January 28, 2009.

However, on August 31, 2010, Unum terminated Magri’s benefits without any given reason, despite the medical evidence the plaintiff produced as well as her doctor’s testimony, the Unum lawsuit states. Unum has denied each appeal Magri has made, and has not made a payment to her since the time of her benefit termination. 

Magri is suing Unum for all of her missed benefit payments plus additional interest, as well as punitive damages, alleging that Unum wrongly terminated her disability benefits.

Overview of the Unum’s Claim Denial Tactics

Unum is the largest and oldest insurance company in the United States, with millions of policyholders across the country. Despite its history, the company has recently gained a notorious reputation in using deceitful tactics to wrongfully deny clients their benefits. Magri, for example, has not received any income since August 2010, and relies on her long-term benefits to cover her until she can start working again. With the cost of chemotherapy and other required medication for her condition, her economic loss is expected to go up.

Unum is accused of using several strategies to deny benefits. One of these alleged strategies comes from when the policyholder first agrees to become a customer; when the policyholder signs with Unum, the company offers an “Option of Reconsideration.” This clause allows the company an additional opportunity to provide the necessary documentation they would need to deny a claim. Under this clause, Unum provides the claimants 180 days to appeal a denial, without telling the claimants that they actually have less than 45 days to appeal due to a conflicting policy under ERISA. If any paperwork is late from the claimants, or over 45 days, Unum will deny the benefits based on the ERISA violations.

Another strategy Unum has allegedly used is asking customers for their consent to extend the time Unum has to review files on an appeal. This often causes the policyholder to be potentially at violation of ERISA, due to the fact that it is implied that there is a longer time span for the paperwork. After the 45-day mark has passed, the claimant no longer has right to appeal a Unum claim denial. Additionally, Unum typically asks their clients to sign a “Permission to Extend,” which essentially means the claimant has given up their right to appeal.

Other tactics Unum has been accused of using to deny or terminate benefits are: alternating documents, falsifying evidence, and getting third-part opinions from unqualified “experts.”

Like Magri, hundreds of Unum policyholders have been forced to sue Unum to get the benefits they say they are owed.

Magri’s lawsuit is Karen A. Magri v. Unum Life Insurance Company, Case No.: 2:13-cv-05700-JCZ-ALC, in the United States District Court of Eastern Louisiana. 

Obtain a Free Unum Lawsuit Review

If you believe that you or a loved one has been the victim of a Unum claim denial, you have legal options. Please visit the Unum and UnumProvident Disability Insurance Claim Denial Class Action Lawsuit Investigation. There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned Unum lawyer will contact you for a free, no-obligation consultation. You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The Unum lawyers working this investigation do not get paid until you do.