A registered nurse named Karen Russell has filed a lawsuit against her employer as well as Unum Life Insurance Company because she feels that she was unjustly denied long-term disability benefits.
Russell’s lawsuit claims that Unum denied benefits that she was entitled to under her ERISA-controlled plan that was with her old employers. She filed the suit with the United States District Court of the Southern District of Ohio, Western Division. Her lawsuit is trying to force Unum to pay her disability benefits, attorney’s fees as well as anything else that the court decides to grant her.
Russell’s story began in May 2007. Russell had to stop working at Catholic Healthcare Partners because of her condition, which was listed as “bilateral knee osteoarthritis, right ankle post-traumatic osteoarthritis anxiety and depression.” At first, the woman was granted an award of long-term disability benefits by Unum in 2009, but they stopped her benefits by claiming that she was not disabled anymore. Russell responded by giving Unum more medical information but Unum remained unconvinced. Russell was denied again in January 2010.
Russell appealed the decision under ERISA and provided a supplemental written opinion that she got from her doctor. The letter, dated March 27, 2010, stated that her doctor had been treating her condition since 2003 and that she was still her primary doctor. The doctor claims that the woman suffers from “endstage osteoarthritis of both ankles, osteo-arthritis of her knees, low back pain, bi-lateral carpal tunnel syndrome, diffuse muscle atrophy and osteopenia.” The doctor also says that Russell can’t lift more than 10 pounds, can’t stand longer than 2 hours and that she has “complete postural limitations,” and “limited manipulative abilities.” The doctor also declares that Russell is likely to fall down because of the pain that is caused by the osteoarthritis in her joints.
Unum continues to be unmoved by the woman’s plight.
If you have been unfairly denied disability insurance benefits after providing countless records of proven debilitating conditions, contact disability insurance lawyer Greg Jones today for a free consultation. I am experienced at fighting disability insurance lawsuits and can help you get every dime that you may be entitled to.