Unum denied my long-term disability claim 14 months in saying I can do 'sedentary work' despite documented fibromyalgia, lupus, and a treating rheumatologist's restriction to 4 hours per day. What does the appeal actually need to look like?
I am 47, was a senior project manager at a software company for 11 years before going out on LTD in early 2025. My diagnoses are systemic lupus erythematosus (confirmed by ANA, anti-dsDNA, and clinical findings since 2022), secondary fibromyalgia, and chronic fatigue. My rheumatologist has restricted me to 4 hours per day of sedentary activity with frequent rest breaks, no sustained cognitive demand longer than 30 minutes, and no driving on bad days. I qualified for short-term disability without issue, transitioned to LTD through Unum in May 2025, and now 14 months in they have terminated benefits.
The denial letter says they performed a "transferable skills analysis" and identified four sedentary occupations I could perform: customer service representative, scheduler, data entry clerk, and call center quality assurance reviewer. They had their own medical reviewer (an internal medicine doctor, not a rheumatologist) review my file and conclude I retain capacity for "full time sedentary work with normal breaks." They explicitly ignored my treating rheumatologist's 4 hour restriction and ignored my treating pain management doctor's notes about cognitive fog and concentration impairment.
The policy is governed by ERISA which I am learning is bad news for claimants. I have 180 days to file an administrative appeal and that appeal is essentially my only chance to build the evidence record. If I sue later, the court is limited to the administrative record so anything I do not put in the appeal cannot be used in litigation. The carrier gets deferential review under abuse of discretion in most circuits which makes winning hard.
What does a real appeal package look like? I have lined up an ERISA disability attorney who works on contingency. He is asking for an updated rheumatologist statement, a functional capacity evaluation, a vocational expert rebuttal of Unum's transferable skills analysis, and a neuropsychological evaluation to document the cognitive impairment. Total out of pocket cost is going to be around $4,800 for the evaluations. Has anyone been through an ERISA LTD appeal? Did adding the FCE and neuropsych make the difference? And how long does Unum typically take to decide?
Loading comments...