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Lawsuit Says Unum Altered Medical Documents to Deny Claim
By Amanda Antell
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Jacobson started working in her position on September 9, 2002, according to her Unum lawsuit. With her employment status she became eligible for short- and long-term disability benefits through Unum. Ever since her last day of work on October 22, 2004, however, Jacobson has been unable to earn any income or means of support due to her disability. Jacobson was born with Hypereosinophilic Syndrome (HES), or diminished heart and pulmonary function, which eventually lead to her suffering a heart attack in December 2005.
Treatment of her HES left her with chronic asthma and other disabling conditions, her Unum lawsuit claims. There is no cure for the plaintiff’s condition. After she was diagnosed with HES, Jacobson sought long- and short-term disability benefits from Unum on October 25, 2004.Â
According to the lawsuit, Unum approved her request and asked for frequent medical updates. In 2007, Unum received two statements from the plaintiff’s physician that documented her complications. Unum got another update in 2010, which indicated that nothing had improved for the plaintiff.
Despite the frequent medical documentation which proved the plaintiff’s medical condition, Unum terminated Jacobson’s benefits on January 21, 2011, stating that Jacobson was no longer in a position of permanent disability, meaning that she was able to earn income.
The Unum Lawsuit Allegations
Jacobson had started working in INC before she knew she had HES. In denying the Jacobson’s benefits, Unum failed to mention the nature of the plaintiff’s condition, as well as not mentioning the medical records they had received years prior, the lawsuit claims. According to court documents, Unum based their decision on a third-party medical practitioner, Dr. Ta, whom they contracted to review and give opinion on the plaintiff’s case.
Dr. Ta stated that he did not believe that Jacobson’s condition was permanently debilitating, based on the medical notes he had received from Unum. Two other third-party medical consultants gave the same answer, based on the allegedly altered medical documentation that Unum had given them, according to the Unum lawsuit. The documentation Unum allegedly provided gave all of the consultants on this case the impression that Jacobson‘s condition was stable, and would eventually recover.
Unum’s termination letter noted that Ms. Jacobson’s pulmonary function tests had remained stagnate since April 13, 2006, but failed to acknowledge that her medical records had been reviewed by their third-part consultants, and had failed to mention what her physician had mentioned before about her condition being permanent and would continue to get worse.
While Unum did mention in their termination letter that Jacobson could appeal the decision, they did not describe the forms or information she would need to provide to have their decision reversed. To this day, Unum continues to wrongfully deny Jacobson her benefits, in which she has been rightfully entitled to since January 25, 2011. Despite satisfying all of Unum’s claim requirements, Jacobson still is not receiving the necessary benefits she needs to sustain herself.
Jacobson is suing Unum for allegedly misleading medical experts to believe that she was not permanently disabled, and for violating ERISA. She is suing for each month of missed benefits plus interest, along with additional punitive damages.
The Unum lawsuit is Rachel Jacobson v. Unum Life Insurance, Case No. 2:13-cv-01519-JCC, United States District Court Western District Court of Seattle, Washington.
File a Unum Lawsuit Today
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 & 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.
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