Ms. Dana Kysztofiak worked as a Clinical Coordination Manager for HomeCare Maryland LLC. She was a registered nurse who stopped working in 2016 because of pain and other issues related to psoriatic arthritis and fibromyalgia. She claimed disability benefits through an ERISA plan with Boston Mutual Life Insurance Co. beginning…
In Anne Wittmann v. Unum Life Insurance Company of America (Unum), the U.S. District Court for the Eastern District of Louisiana did not make any ruling about whether or not Wittmann, an attorney suffering from fibromyalgia, was entitled to long term disability benefits. The only question presented was whether or…
In Jennifer L. Miller v. Sedgwick Claims Management Services, Inc. (Sedgwick), Plaintiff, an account manager for American Honda Motor Company, suffered from many debilitating medical conditions, particularly fibromyalgia, which included insomnia, chronic pain, inflammatory arthropathy, and fatigue. Her last day of work was May 3, 2017. Plaintiff applied for short-term…
In this video, disability insurance lawyers Gregory Dell and Alex Palamara discuss Mr. Palamara’s recent win of an administrative appeal against Mutual of Omaha. The claimant suffered from a multitude of medical issues, including COPD, emphysema, lupus, spinal stenosis, and fibromyalgia. Mutual of Omaha denied his claim for short term…
In this recent case out of California, the Plaintiff previously worked in IT for the Capital Group Companies. However, he was forced to stop working on February 2, 2011, due to chronic fatigue and fibromyalgia. Through his employer, the former IT employee had long term disability coverage under a Policy…
New Hampshire Court holds that Unum properly terminated LTD benefits based on self-reported pain limitation clause in policy even though Plaintiff provided objective proof of disability through a positive trigger point test. 24 Month Limitation for Self-Reported Symptoms Many disability polices contain a clause limiting benefits to 24 months when…
United Health Group employee suffering with Fibromyalgia is denied short term disability benefits and loses her battle with Sedgwick Claims in a Virginia court. In the case of Day v. United Health Group, Inc. Short Term Disability Plan, the plaintiff sought disability benefits against the defendant, a self-funded plan that…
A New Jersey disability attorney filed a federal lawsuit against the Unum Life Insurance Company Of America (Unum) and MOL (America) Inc. Plan (MOL). The Plaintiff, Aleksandr K., worked as a computer programmer for MOL, which contracted with Unum to provide long-term disability insurance benefits to its employees. Plaintiff, because…
On August 17, 2001, John H. and his Texas disability attorney filed a lawsuit against UNUM Life Insurance Company of America in Federal Court in an effort to secure John H.’s disability benefits, both short term and long term, under the Employee Retirement Insurance Security Act of 1974 (ERISA). While…
Unum Life Insurance Company was recently sued in four separate lawsuits in four different states after denying disabled employees long term disability benefits. Lets take a closer look at each case: Case 1: Colorado In the case of Deana D. v. Unum Life Insurance Company of America, Deana D. and…