Thursday, February 7, 2013

Unum Overturns Prior Denial of Benefits

Recently our firm was successful in getting long term disability benefits reinstated for a client insured by Unum Life Insurance.  Ms. S. suffered from severe osteoporosis resulting in a compound fracture of the right tibia and intertrochanteric hip fracture, each requiring surgical intervention.  She also suffered from neuropathic pain, lateral epicondylitis, Raynaud’s phenomenon, and multiple other conditions.  Unum terminated Ms. S.’s long term disability benefits, claiming she could perform sedentary work and was therefore not disabled under its policy.  In making its determination, Unum relied on a vocational evaluation from an in-house evaluator, a review from Unum’s in-house nurse reviewer, and flawed disability questionnaires from physicians Ms. S. had not seen in months.  Our firm was able to discredit the reasons behind Unum’s termination of benefits.

Ms. S. contacted our firm for assistance in preparing an ERISA long term disability appeal.  We obtained several pieces of supporting evidence in support of Ms. S.’s disability, including, among other things, an independent vocational assessment and functional capacity evaluation, demonstrating how the information Unum had relied upon was flawed.  After putting this material into a coherent appeal and submitting it to Unum, the adverse benefits determination was overturned and Ms. S.’s benefits were reinstated.

If you need assistance in submitting a thorough, well-prepared ERISA disability appeal, or require assistance with a claim under your private long term disability insurance policy, please contact the Law Office of Shawn E. McDermott.

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