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Son’s Benefits Key Factor in Unum Disability Insurance Lawsuit
By John Curran
In a recent disability insurance lawsuit filed August 7, Larry Tate of Michigan says that a group policy provider is trying to claw back benefits he and his son lawfully deserve.
The former employee of Livernois Engineering says he enrolled in and paid monthly premiums into a plan administered by Unum until 1997 when he reportedly became disabled due to multiple conditions. However, Unum claim denial specialists argued that he lacked medical evidence to support allegations of debilitating irritable bowel syndrome, scoliosis and other conditions in 1998. That same year, the Social Security Administration approved his government benefits.
Unum followed suit and granted benefits beginning in 2007 after offering to re-assess Tate’s conditions in 2005, after his son had been born. Since Tate was unable to work, his son received a monthly Social Security payment that the group policy provider says should have been offset by a reduction in payments it issued based on the man’s medical evidence.
His Unum lawsuit attorney argues differently, noting that “Unum/Provident knew for years that the Plaintiff’s son was receiving social security benefits, but never sought to reduce (long term disability) benefits … which were fixed by contract. There was no offset for the son’s social security benefits because social security benefits were a result of the son’s disability and he was entitled regardless of Plaintiff’s social security status.”
In addition, Tate says that the company has been unable to provide a copy of the original contract in order to substantiate its request for him to return a portion of the payments which all told would total more than $76,000. This is different from many complaints against the disability insurance company where plaintiffs allege that Unum claim denial specialists have kept them from seeing any payments at all.
The Unum disability insurance lawsuit is Larry Tate v. UNUM Group et al., Case No. 13-cv-13389, in the U.S. District Court for the Eastern District of Michigan.
If you have applied for benefits from a group policy provider including Unum, UnumProvident or many others, you may have legal options available to you. Learn more and get a free consultation when you fill out the short form at the Unum/UnumProvident Disability Insurance Claim Denial Class Action Lawsuit Investigation today. An experienced Unum lawsuit attorney will review the facts of your case and help determine whether or not you are eligible. You can also find out which types of Social Security Administration and medical documentation will help give you the best chance of legal success.
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