Long Term Disability Law Blog
A federal lawsuit was recently filed by a California disability lawyer in the U.S. District Court against the Unum Group (Unum) and the Northrop Grumman Group Employee Benefit Plans (Northrop Grumman). The Plaintiff, Hung N., worked as an engineer for Northrop Grumman, was denied long term disability benefits from Unum under a policy which was provided due to his employment. Due to this denial, the Plaintiff filed a disability lawsuit to recover payment of long-term disability insurance benefits.
Case Facts Against Unum and Northrop Grumman
Plaintiff worked full-time until June 3, 2009 when he could no longer perform the highly technical work that was involved due to his declining health, including daytime hypersomnolence, hypertension, and high blood pressure. It was eventually determined that Plaintiff had Major Depressive Disorder.
Plaintiff continued working part-time from June 2009 until October 2009, when he was placed on disability.
On or about October 21, 2010, Unum approved Plaintiff’s claim for long-term disability benefits.
Termination Of Plaintiff’s Long-Term Disability Benefits By Unum
On or about December 14, 2010, Unum Group denied Plaintiff’s claim for ongoing disability benefits as of December 2, 2010.
On or about January 21, 2011, Plaintiff appealed the denial of his disability claim.
On or about February 16, 2011, Plaintiff consulted with Dr. Vinh C. (Dr. C.) about his poorly controlled hypertension. It was determined that Plaintiff was tired and not feeling good, blood pressure was still high, he was very anxious, and likely had Conn’s syndrome.
On or about March 8, 2011, Unum denied Plaintiff’s appeal.
On or about April 8, 2011, Barri M., D.C. certified Plaintiff’s continuing total disability through June 10, 2011.
Due to the exhaustion of all administrative remedies, Plaintiff has filed this lawsuit against Unum.
California Disability Attorney Files Unum Lawsuit
The lawsuit states that Unum committed the following wrongs against the plaintiff:
- Failed to take into proper consideration the opinions of Plaintiff’s treating physicians regarding his condition when considering his disability claim
- Minimized and ignored the medical evidence that Plaintiff submitted to Unum to support his disability claim
- Arbitrarily and capriciously denying benefits to the Plaintiff as defined by the Policy
- Causing additional emotional hardship and financial hardship to the Plaintiff
- Causing the Plaintiff to incur attorney fees related to the filing of this lawsuit
Plaintiff Seeks Following Relief From The Unum Lawsuit
Because of Unum’s actions, Plaintiff requests the following relief to be granted by this Court:
- All past due contract benefits from December 3, 2010 to the date of judgment, along with accrued interest at the legal rate on each monthly payment from the date it was due to be paid until the date it is actually paid
- An order that Plaintiff is entitled to receive all future benefits as long as he remains disabled under the terms of the Policy
- All reasonable attorney fees
- All other relief that the Courts decides to be proper and just