Sarah Mirando  |  May 1, 2013

Category: Labor & Employment

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Court Orders Unum to Pay Policyholder’s Legal Fees

By Jessica Tyner

 

Unum claim denial lawsuitTanya Mondolo is the latest plaintiff to win her Unum lawsuit, claiming that she was unfairly denied her Unum disability claim. In addition to being granted her denied benefits and back pay, Mondolo was awarded $119,000 in January 2013 for her attorney fees. According to reports, the court found Unum’s actions “culpable” and found that the company acted irrationally when denying Mondolo her claim. She filed her Unum lawsuit under the Employee Retirement Income Security Act (ERISA).

Originally, Mondolo had asked for $135,000 to cover her legal fees, and Unum counter offered with $50,000. According to Unum, Mondolo was asking for an inflated amount, and the judge in the case considered whether a higher payout would curb Unum’s actions in the future with other cases. As it turns out, Unum has a bad reputation for denying claims that many people say should easily qualify.

Mondolo’s Unum Nightmare

When Unum denied Mondolo’s disability claim, they took into account just what constitutes a disability. Mondolo has avascular necrosis (bone death) and fibromyalgia, both caused by her chemotherapy treatments for leukemia. She’s constantly in pain, has trouble walking, and can’t sit for extended amounts of time. However, Unum denied Mondolo’s disability claim, and the judge ruled that Unum did not act appropriately in denying it.

What should Unum have done? The appropriate action would have been to investigate Mondolo’s claim more closely, look into alternative job options, and also take into account psychological evidence. Unum did none of these things, and was ordered to give Mondolo back pay with interest. While figuring this amount, her attorney’s found that they could also tack attorney’s fees onto the settlement.

Mondolo’s Unum Lawsuit Isn’t Unique

When an insurance company denies a claim unjustly, it’s often because they fail to follow proper protocol. They might ignore the advice of a physician or simply not investigate as well as they should. Unfortunately, Unum has been building a reputation around denying claims that might be legitimate. This can result in devastating income loss for the claimants.

Another tactic Unum uses is to simply say that the claimant is able to work. However, making this judgment call should require extensive investigation. Mondolo, who cannot walk or sit easily, is very limited when it comes to her income potential. Unum did not offer job alternatives to her and she felt as if she were facing a brick wall when she was denied.

Have You Been Denied by Unum?

Sometimes it can seem like simply getting the disability benefits you’re due is impossible. If you’ve been denied an insurance claim by Unum and you think it’s unfair, you might have a Unum legal claim. The nuances of disability are immense, and it’s easy to get lost in the legalese. There’s help available.

To find out more, visit the Unum/UnumProvident Disability Insurance Claim Denial Class Action Lawsuit Investigation. While there, submit your information for a free legal review of your claim. You’ve paid into your insurance plan and you deserve your benefits. You’re not alone, and there are others just like you who are unfairly facing an insurance denial from Unum. Let a skilled disability insurance attorney do the work for you.

 

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Updated May 1st, 2013

 

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