Unum Provident's appeal of long-term disability benefits awarded to a New York tax attorney is denied
The Second Circuit U.S. Court of Appeals has denied First Unum Life Insurance Co.’s request to reconsider a decision in which it found the company arbitrarily denied long-term disability benefits to a tax attorney with colon cancer. First Unum, a unit of Unum Group (NYSE: UNM), filed the petition for rehearing with the New York-based federal appeals court in January, saying that the court “misapprehended key facts and law” (BestWire, Jan. 9, 2009).
Attempts to speak with Unum Group to see if First Unum plans to appeal to the U.S. Supreme Court were not immediately successful. According to the December 2008 decision, written by Circuit Judge John M. Walker Jr. for a three-judge panel, First Unum operated under a conflict of interest because it was both the claims administrator and payor of benefits.
John McCauley, the cancer sufferer and disability claimant, was a senior vice president and tax attorney at Sotheby’s Service Corp. in April 1991, when he was diagnosed with advanced colon cancer. First Unum was Sotheby’s long-term disability insurer under an Employee Retirement Income Security Act-governed plan. He sued First Unum in the U.S. District Court for the Southern District of New York, alleging bad faith denial of his claims under an original and conversion policy. The court ruled in favor of First Unum, but the Second Circuit reversed. The Second Circuit Court of Appeals cited the U.S. Supreme Court’s new standard for assessing the impact of a plan administrator’s potential conflict of interest as outlined in its 2008 decision, “Metropolitan Life Insurance Co. vs. Glenn”. The Second Circuit, in the December 2008 ruling, sent the case back to the district court to enter summary judgment in McCauley’s favor and to calculate benefits dating back to 19 95, as well as costs and attorney fees. Previously, First Unum said it thinks the negative comments included in the decision and the court’s “reliance on old… articles and television programs, to be in error, and we believe the court overlooked key facts and law”.
Unum Group was formerly known as UnumProvident Corp.
Resources to Help You Win Disability Benefits
Submit a Strong Unum Appeal Package
We work with you, your doctors, and other experts to submit a very strong Unum appeal.
Sue Unum
We have filed thousands of disability denial lawsuits in federal Courts nationwide against Unum.
Get Your Unum Disability Application Approved
Prevent a Unum Disability Benefit Denial
Negotiate a Unum Lump-Sum Settlement
Our goal is to negotiate the highest possible buyout of your long-term disability policy.
Policy Holder Rating
Unum is evil
Unum Closed My Case Today
Low payments
They closed my claim and I have been without income since they closed it
I feel like Unum is giving me the runaround!
Reply
Unum terminated my benefits with no warning
Reply
I've been trying to care care of my Unum benefits for over a year. They’ve been so rude
Reply
I've paid for STD for 20+ years. Now, I'm actually sick and can't get paid
Reply
Q: Unum payments offset
Q: Should I sign a release of information form sent by Genex on behalf of Unum ?
Q: 63 year old RN
Q: Is UNUM obligated to pay my children SSI amount with COLA increase to me after they turn 18 or the original award amount?
Q: ER physician Unum mental health claim for 40 years
Q: Requesting a Copy of my LTD ERISA Policy from UNUM
Q: I am now concerned if I am not able to return to work after 6 months Unum will stop paying me.
Q: Can receiving a Unum group LTD benefit settlement lower my SSDI benefit?
Is UNUM a Good Insurance Company?
How Long Does UNUM Long Term Disability Last?
Can You Sue UNUM?
How Does UNUM Define Disability?
Beware of Traveling While on Disability with Unum
If I Sue Unum for a Disability Insurance Denial, What Should I Anticipate?
Unum Disability Benefit Denial Trends, A Legal Perspective
A New Bait and Switch Tactic by Unum Disability Insurance Company
Transportation Manager with Brain Injury Wins Unum Disability Benefit Appeal
Louisiana State College Director Wins Unum LTD Appeal But Then Denied Again
Unum Approves LTD Benefits for Pharmacist with Eye Disorder
Billing Manager With Back Disorder Wins Unum Long Term Disability Denial Appeal
Unum Lifts Mental Health Limitation on Disability Claim
Unum Approves Long Term Disability Application to a Program Manager
After appeal filed by Attorney Jay Symonds, UNUM overturned previous denial of long term disability benefits for South Carolina Nurse
Unum Overturns Original Decision to Deny Benefits to Disabled Account Manager Following Appeal Submitted by Dell Disability Lawyers Appeals Team
Reviews from Our Clients






