UNUM successfully denies another ERISA disability claim
UNUM sells disability policies, but--so far as we can tell--does pretty much all it can to avoid paying on them. Jerry Engleson bought a policy through his employment as a Vice President of Seiber-Keck Insurance Agency, but in 2001 he was disabled from employment by Crohn's Disease and depression. He applied for benefits, but UNUM concluded that he was not disabled. He appealed UNUM's decision internally with UNUM, but did not file a legal action when UNUM issued repeated denials. Engleson gave up work, in any event, and did not return to work until 2007, apparently. In 2008 he became disabled again (both of his medical problems can by cyclical) and he once again applied for disability coverage.
This time UNUM agreed he was disabled but refused to make the decision retroactive to 2001. He sued, but the Federal court pointed out that he had waited far too long to contest the 2001 disability determination. He needed to act within three years of the contested decision.