UNUM Ignores Multiple Diagnoses in Chronic Back Pain Case
No one plans to become disabled, nor do they enjoy collecting a fraction of their regular salary while suffering from excruciating pain. Sadly, a truck driver in Sarasota, Florida was forced to stop working due to diagnoses of lumbar spondylosis, radiculopathy, and degenerative sclerosis, all of which caused chronic back pain.
Fortunately, the truck driver had disability insurance via his employer and filed for long-term disability (LTD) benefits. UNUM granted his request, but terminated his LTD benefits 12 months later.
Because the man was still unable to return to his job as a truck driver – or to any other occupation – he asked Dabdoub Law Firm for help.
Inability to Sit for More Than 2 Hours
While our client has multiple diagnoses, the resulting pain prevents him from sitting, standing, or walking for more than 2 hours at a time in an 8-hour workday. This disability keeps him from holding gainful employment, even in a sedentary position, which requires 2 hours of standing or walking and 6 hours of sitting in an 8-hour workday.
Our client was proud of his occupation as a truck driver and his ability to support himself and his wife. Now, he is “devastated” and feels “like a failure” because he is unable to complete small daily tasks. He cannot even complete simple yard work when he formerly took pride and pleasure in maintaining the outside of his home.
At the very least, our client’s modest LTD payments from UNUM had provided a vital financial lifeline, supporting both him and his wife. Until, that is, they were taken away – despite medical evidence of disability.
Showing UNUM the Evidence
To show UNUM where it went wrong, Dabdoub Law Firm highlighted information about our client’s medical condition, including the exact locations of his illnesses and the affected vertebrae, X-rays, prescription history, and even quotes from his treating orthopedic physician.
UNUM falsely claimed our client could work a dispatcher or repair order clerk, despite the fact he has little to no transferable skills after a lifelong career as a truck driver and our client’s proven disability. The insurance company’s denial hinged largely on a mistake in paperwork – a mistake that the doctor offered to correct on multiple occasions.
Dabdoub Law Firm Gives UNUM a Chance to Correct its Errors
Because UNUM used misinterpreted evidence, errors, and out-of-content statements to support its denial and protect its financial interests, the insurance company violated federal ERISA law. Worse, the insurance company had a fiduciary obligation toward our client and made a decision inconsistent with the Social Security Administration.
Our client had ample grounds for a lawsuit, but Dabdoub Law Firm gave UNUM an opportunity to resolve its errors without litigation. We are pleased that UNUM issued a favorable and timely response – and that we were able to reclaim LTD benefits on our client’s behalf.
Lawyers with Expertise in Disability Insurance Claims
Our law firm has always focused exclusively on disability insurance law.
Because we specialize in long-term disability, our clients get the benefit of:
- Having an attorney who is an expert in long term disability claims.
- Having an attorney who has experience with every major disability insurance company.
- Being backed by a law firm that has a proven track record of winning tough disability lawsuits.
Contact Dabdoub Law Firm today to get experienced disability lawyers on your side.
We can help with:
- Submitting a disability insurance claim,
- Appealing a long-term disability denial,
- Negotiating a lump-sum settlement, or
- Filing a lawsuit against your disability insurance company.
We represent clients nationwide with disability claims governed by federal law, which means we can help you – even if we are not located in your state.
Call us at (800) 969-0488 to speak with an experienced disability attorney. We will not charge any legal fees unless you get paid.