Court: United States District Court for the District of Minnesota
Insurance Carrier: Unum Life Insurance Company of America
Claimant’s Employer: Fredrikson & Byron, P.A.
Claimant’s Occupation: Attorney (Shareholder in Trademark and Copyright Practice)
Disclaimer: Please note that this claim was not handled by the Ortiz Law Firm. It is summarized here for educational purposes.
Cancer Diagnosis and Cognitive Struggles
Ann Wessberg, a high-performing attorney at Fredrikson & Byron, was diagnosed with bilateral invasive breast cancer in October 2018. After undergoing chemotherapy, radiation and multiple surgeries, and struggling with significant cognitive and psychiatric symptoms, she applied for long-term disability (LTD) benefits in early 2019. Unum, the insurance company that administers her LTD policy, approved the claim and began paying benefits starting in March 2019.
Despite her efforts to return to part-time work in 2019, Wessberg continued to experience dizziness, fatigue, and cognitive impairments—problems she and her doctors attributed to chemotherapy-induced damage to her autonomic nervous system.
Unum Terminates Benefits After Partial Return to Work
In July 2020, Unum terminated Wessberg’s LTD benefits. Although her doctors—including oncologists, psychiatrists, and neurologists—repeatedly documented her disabling symptoms, Unum relied heavily on the lack of updated medical records from Dr. Berger. Unum also relied on statements from someone in Dr. Tsai’s office who indicated that Dr. Tsai believed that “from an oncology standpoint, [Wessberg] is fine to work on a full-time basis,” even though the treatment records indicated that Wessberg was unable to work.
After Wessberg’s long-term disability benefits were terminated, Dr. Berger submitted the missing treatment notes and disability certification. Unum then ordered three peer review reports. Following the medical reviewers’ opinions, Unum informed Wessberg on
September 1, 2020, that Dr. Berger’s records and certification of disability did not change
its decision to terminate her LTD benefits.
Wessberg was undeterred. On appeal, she submitted extensive documentation showing her ongoing symptoms, including a formal diagnosis of neurogenic orthostatic hypotension related to chemotherapy. Her treating physicians uniformly supported her inability to return to full-time legal work, citing both physical and cognitive limitations.
The Court Finds in Wessberg’s Favor
After reviewing a 4,800-page administrative record, the court ruled that Unum improperly terminated Wessberg’s benefits. Applying a de novo standard of review under ERISA, the court found:
- Despite Dr. Tsai’s conflicting opinions, Unum never attempted to determine whether
Wessberg was capable of working full time. In fact, Unum canceled its records request to Dr. Tsai’s office. - Unum relied too heavily on vague vocational definitions and overlooked the specific cognitive demands of Wessberg’s actual job.
- Unum and its medical reviewers repeatedly failed to address Wessberg’s cognitive disability; instead, they attributed Wessberg’s cognitive symptoms to her mental health disorder without considering whether a cognitive impairment was also present.
- Unum improperly dismissed new diagnoses as “not time-relevant,” even though they were directly related to her cancer treatment and symptoms during the disputed period.
The court ordered Unum to retroactively reinstate Wessberg’s LTD benefits, resume current payments until Unum determines that Wessberg is no longer disabled under the policy, and pay reasonable attorneys’ fees. Additional briefing was requested to determine the exact amounts.
Get Help Fighting Your Long-Term Disability Denial
If your disability benefits have been cut off despite an ongoing struggle with cognitive impairment after a serious illness or treatment, the Ortiz Law Firm may be able to help. We have extensive experience helping people navigate unfair disability denials. Contact us online or call (888) 321-8131 for a free case evaluation.
Here is a PDF copy of the decision: Wessberg v. Unum Life Insurance Company of America
