Unum Disability Claims Attorneys

By far, the biggest and most controversial of the disability insurance companies is Unum. Unum disability insurance has a well-documented history of denying disability claims which should not be denied. Unum Insurance is the largest private disability insurance company in the U.S. Many people are comforted believing they will be protected if they become disabled and cannot continue working. They believe their insurance company will step up, honor their claim and approve monthly benefits. Unfortunately, Unum claim denials are all too common, and disturbingly, there has been a well-documented history of unfair and improper claims practices by Unum. If you want to file Unum disability claims, then you should contact a claims lawyer at Uscher, Quiat, Uscher & Russo, P.C., immediately.

For All Unum Disability Claims, An Experienced And Aggressive New Jersey/New York Claims Lawyer Is A MUST

The truth of this statement was recently demonstrated when our attorneys were able to convince Unum that the denial of disability income benefits to a client with severe loss of vision caused by optic nerve damage was not caused by “loss resulting from either or both eyes,” which was an exclusion in the client’s policy.

Unum also has a well-deserved reputation for stonewalling disability claims to the bitter end. Sometimes, the disability income claim denial tactics used by Unum and its affiliated companies (i.e. Paul Revere, Provident Life and Accident, First Unum Life Insurance Company) can be highly questionable, even though the company knows the consequences a long-term disability claims denial will have on the policyholder. In addition to being sick or injured at the time the claim is made, the claimant is earning nothing to support their family.

One reason why Unum is able to get away with denying valid disability claims is because of what many disability insurance professionals call the “wimp” factor. This means that Unum knows a substantial percentage of their potential claimants will be too timid to appeal denial of their claims. When claimants fail to challenge a wrongful denial of disability benefits, the money which should go to assist and maintain disabled claimants instead goes to Unum’s bottom line profit.

Unum claims lawyers are not the only people to see these gross injustices. A Nevada Federal District Court judge also unleashed his fury onto Unum and its wholly-owned subsidiary, the Paul Revere Life Insurance Company, when they failed to approve an obviously valid claim. In this disability claim insurance case, the court awarded a plaintiff more than $26 million in punitive damages against Unum and allowed another $36 million in punitive damages to stand against Paul Revere.

Merrick v. Paul Revere Life Insurance Company

After a thorough review of the evidence in the case, the Nevada Court found in the Merrick v. Paul Revere Life Insurance Company case that Unum had been engaged in highly reprehensible claims handling conduct in order to boost its own profits, had intentionally set its sights on the financially vulnerable, and was thereby endangering the health and welfare of the policyholder and his family. The judge further concluded that Unum had repeatedly engaged in the same type of conduct toward its policyholder and others when those policyholders were at a low point in their life.

In the 39-page blow-by-blow court discussion of the methods Unum used to avoid paying benefits due under its disability income policy, the Court concluded that Unum had concocted a corporate scheme in order to boost profits at the expense of its policyholders.

Deny, Deny, Deny

It can be a tough battle for a policyholder to protect himself or herself against a disability insurer once the insurer denies the disability claim. One of the only ways to handle such a campaign of deny, deny, deny is to retain a veteran disability claims attorney with years of experience in fighting with Unum. There is simply no substitute when fighting against insurance companies who say “no” to disability income claims. For these situations, Mike Quiat is the go-to attorney to get the job done right.

Uscher, Quiat, Uscher & Russo, P.C. has plenty of company experience when it comes to combating Unum tactics. Unum’s history of claims denials triggered the wrath of 49 States in 2004, alone. These 49 states retaliated by conducting a national insurance probe which concluded with Unum paying a hefty fine and agreeing to reopen and reconsider 215,000 denied Unum disability claims.

Questionable long-standing Unum practices cited by the states were low-balling settlement offers to Unum claimants, claiming that the disabling conditions were preexisting, losing important paperwork and reports submitted by claimants, in addition to having policyholders examined by less than impartial Unum-hired physicians.

Also, it should be known to anyone with an established long-term disability claim with Unum and its associate companies that these companies are always looking to save money, often at the claimant’s expense. To conserve money, they are buying out disability claims and negotiating settlements on terms that are beneficial to them, but not beneficial for claimants. A beneficiary of such a settlement needs to retain a veteran Unum claims lawyer who knows the insurer’s tricks to assist the claimant through the complicated details of a buyout. After all, these beneficiaries want to be certain that they are going to get a fair payout in return for giving up their claim. All disability income insurance buyouts present important issues which must be discussed with and understood by the claimant, before any such buyout is negotiated.

Understanding Unum And The Unum Group

Unum Group NYSE: UNM (“Unum”), formerly UnumProvident and First Unum, is a Fortune 500 insurance company and the largest disability insurer in the U.S. Unum and its subsidiaries offer individual and group insurance programs, including long- and short-term disability income protection, life insurance, long-term care insurance and voluntary critical illness insurance. Unum Group is composed of Unum U.S., Unum U.K., and Colonial Life, and, underwriting insurers: The Paul Revere Life Insurance Company (“Revere”) and The Provident Life and Accident Insurance Company (“Provident”). It is estimated that Unum is currently covering some 17 million Americans with some type of disability policy.

A History Of Unum Controversy

In 2004, insurance regulators in 49 states, the District of Columbia and American Samoa participated in the examination of the claims handling practices of Unum Provident. The U.S. Department of Labor also launched an investigation of Unum’s practices involving employee benefit plans covered by the Employee Retirement Income Security Act (ERISA). As a result, Unum entered into a Settlement Agreement, requiring Unum to change their claims practices and reassess all long-term disability claims since January 1, 1997, that were denied for reasons other than settlement, death or reaching maximum benefits.

A seasoned Unum claims lawyer recalled numerous plaintiff-initiated claims against Unum since 2001 for fraud, breach of contract and bad faith with regards to denial of long-term disability benefits, improper and delayed compensation, and unjust termination of benefits. An experienced New Jersey Unum claims lawyer has fought and continues to fight against Unum’s meritless denials of legitimate claims.

In the mid-2000, Unum was also found to have defrauded the U.S. by forcing customers to submit false claims for disability benefits to the Social Security Administration, playing a major role in undermining the financial integrity of Social Security.

Improperly Investigating The Claim

When a Unum policyholder makes a claim for short-term or long-term disability, there is an all but universal protocol that downplays the claimant’s treating physician’s medical findings. In fact, Unum has created what may be called an illusion of credibility, which suggests that only Unum’s conclusions can be correct; those who disagree are therefore simply wrong. One way this is done is by flooding the claimant’s file with voluminous reports and findings all pointing to the conclusion that the individual is not disabled. Another common tactic is to switch claims handlers often during the review process. Each time a new handler takes over the claim, there is a delay. Delays can be devastating to a claimant anxiously in need of financial benefits, and long delays sometimes result in the claimant giving up and accepting the fact of a denial despite the very real possibility that the claim is legitimate and should have been approved.

Cessation Of Benefits

Even those fortunate enough to be approved for disability benefits are not beyond the scope of Unum’s tactics. Unum too often issues letters terminating the claimant’s benefits at some point after they have begun, sometimes without proper justification.

Misuse Of Medical Experts

One of the more common tactics employed by Unum is the use of so-called “independent” medical examiners. If you are a disability insurance policyholder and apply for benefits, the insurer has the right to have you see a third-party medical professional if it needs more information about your condition than was supplied by your treating physician. Not surprisingly, However, Unum tends to use the same doctors repeatedly, and rather than rendering fair and unbiased opinions, they regularly side with Unum and against the claimant. There is little independence in their approach to the examinations, because a significant portion of the physician’s annual income may depend on continued IME referral from Unum. That financial incentive can never be underestimated or forgotten. It’s all about the money.

If I Am Offered A Lump Sum Buyout Of My Policy, Should I Take It?

Not before a knowledgeable lawyer thoroughly reviews it. Insurance carriers rarely do anything voluntarily, unless it is in their financial or legal interests. Whether to accept a disability claim buyout is a complex issue that should be thoroughly analyzed by someone who completely understands the real value of a buyout offer and is working solely for the policyholder. All pertinent factors, which bear on such a decision must be carefully weighed. Claimants should be wary of a carrier trying to get out from under a claim cheaply by tempting the beneficiary with what appears to be a sizable lump sum when the beneficiary is hurting and is financially strapped. You can contact New Jersey/New York disability lawyer Mike Quiat for more details.

If I end up in litigation with my disability insurer or life insurance carrier, am I entitled to have my legal fees reimbursed by the carrier if I win?

Yes and no, depending on the type of policy the claimant has and the state in which the claimant lives. Claimants may have state law rights that allow them to have their legal fees reimbursed by the carrier if they win. Most states, including New Jersey and New York, do not provide for these rights for private disability insurance. However, if you recover punitive damages for a carrier’s “bad faith” your legal fees will most likely be covered. Our New York/New Jersey insurance claim attorney can assist you in pursuing these claims.

If your claim is under a group policy covered by ERISA, such as an employer-sponsored Long-Term (“LTD”) Disability insurance plan, you are entitled to ask the court to reimburse you for legal fees if you are successful in litigating your claim.

Contact Our New York/New Jersey Unum Claims Lawyers

The attorneys at Uscher, Quiat, Uscher & Russo, P.C., have plenty of buyout experience. We have had hundreds of claims and cases with Unum companies, and have successfully fought the denial of disability income/LTD benefits involving physical injuries, illnesses, depression, and other psychiatric disabilities, as well as fibromyalgia and a host of other disabling maladies.

For help with a Unum claim, contact Uscher, Quiat, Uscher & Russo, P.C. by calling (201) 342-7100 or by sending us an email.