1/1/2009, McCauley v. First Unum

http://www.disabledworkerlaw.com/2009/01/articles/social-security-disability/mccauley-v-first-unum-a-second-circuit-new-years-gift-to-ny-long-term-disability-lawyers/

That court listed more than thirty cases in which First Unum’s denials were found to be unlawful, including one decision in which First Unum’s behavior was “culpably abusive.” Id. at 247 n.20…

He originally applied for and was denied disability benefits in 1996, and the fact that he lived through the glacial administrative and legal process of ERISA claims is nothing short of a miracle, or perhaps the will of a determined man who had been wronged…

As Professor Langbein so acutely observed in his article on the Unum Provident scandal cited by the Courts in both Glenn and McCauley:

“Cases of abusive benefit denials involving other disability insurers abound. Unum turns out to have been a clumsy villain, but in the hands of subtler operators such misbehavior is much harder to detect.” 101 Nw.U.L.Rev. at 1321.

I guess Unum has learned a lot from its past mistakes, and perhaps this corporation is no longer so clumsy at hiding misbehavior.

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