Court: United States District Court for the District of Minnesota
Insurance Carrier: Unum Life Insurance Company of America
Claimant’s Employer: Geraghty, O’Loughlin & Kenney, P.A.
Claimant’s Occupation: Medical Malpractice Trial Attorney
Long-Term Disability Benefits Denied Despite Cancer Diagnosis
Mark W. Hardy, a Minnesota medical malpractice trial attorney, filed a lawsuit against Unum Life Insurance Company of America after the insurer terminated his long-term disability benefits. Hardy had been diagnosed with multiple myeloma, an incurable form of cancer, and had been receiving employer-provided disability benefits due to the ongoing debilitating effects of his disease and its treatment. Despite medical evidence supporting his continued disability, Unum abruptly terminated his benefits in December 2020.
Unum’s Justification for Terminating Benefits
Unum initially approved Hardy’s claim, recognizing that his symptoms—including severe fatigue, cognitive impairment, chronic pain, nausea, and peripheral neuropathy—prevented him from working full-time as a trial attorney. However, the company later reevaluated his claim and determined that Hardy was purportedly capable of returning to full-time work.
Unum’s decision was based largely on medical record reviews conducted by doctors who never personally examined Hardy. These reviewers pointed to Hardy’s ability to engage in physical activities, such as skiing and exercising, as evidence that he could work full-time in a sedentary position. They also relied on Hardy’s Karnofsky Performance Score, which indicated normal daily functioning. Hardy’s treating physician, Dr. Gregory Vercellotti, strongly disputed these findings, emphasizing that Hardy’s physical activities did not equate to the ability to perform the cognitive and endurance demands of his legal profession.
Litigation and Court Findings
Hardy appealed Unum’s decision and submitted substantial evidence, including:
- A detailed report from his treating physician confirming his limitations.
- Statements from his law partners confirming his inability to handle litigation.
- A vocational assessment by an independent expert who concluded that Hardy’s maximum work capacity was part-time.
- Hardy’s own testimony detailing his severe symptoms and their impact on his ability to function as a trial lawyer.
After reviewing the evidence, the court ruled in Hardy’s favor. The judge found that Unum had failed to properly evaluate the full scope of Hardy’s occupation, which required not only physical presence but also sustained mental acuity and stamina. The court found that Hardy remained disabled under the terms of the policy and ordered Unum to retroactively reinstate his benefits retroactively, pay all benefits due, and pay his attorneys’ fees and prejudgment interest.
Fighting for Justice in Disability Claims
If you or a loved one has had your long-term disability benefits wrongfully terminated, you don’t have to fight alone. Insurers like Unum often use unfair tactics to deny legitimate claims, but with the right legal representation, you can challenge their decisions. Contact the Ortiz Law Firm today for a free case evaluation and let us help you secure the benefits you deserve.
Disclaimer: This case was not handled by disability attorney Nick A. Ortiz. The court case is summarized here to give readers a better understanding of how Federal Courts decide long-term disability ERISA claims.
Here is a PDF copy of the decision: Hardy v. Unum
