Long-Term DisabilityPosted by stressedClaimant865

Unum denied my LTD at the 24 month mental/nervous limitation even though my fibro is a physical diagnosis. Anyone fought this 'self-reported symptoms' exclusion and won?

I'm 41 and i have been on Unum long term disability since late 2023 after fibromyalgia and a co-occurring autoimmune flare made it impossible to keep working as a hospital pharmacist. My rheumatologist, primary care, and pain management all support the disability. I had two functional capacity evaluations done, both concluded i could not sustain 4 hour sitting tolerance let alone a full workday. Unum paid the claim, grudgingly, for the first 24 months under the "own occupation" definition.

Last month they sent me a letter terminating benefits. The basis is two things stacked together. First, they invoked the 24 month mental and nervous limitation, even though my diagnosis is physical, on the theory that some of my treating notes mention depression and anxiety as comorbidities. Second, they are saying that fibromyalgia is "primarily based on self-reported symptoms" and therefore not supported by objective medical evidence as required under the policy. The letter cited an in-house Unum physician's record review. No exam. He never met me. Just paper review.

I have read enough about Unum to know they have been sanctioned multiple times for this exact pattern of using self-reported symptom exclusions to terminate fibromyalgia and CRPS claims at the 24 month mark. There was a regulatory settlement back in 2004 involving 48 state insurance commissioners and another big DOL enforcement action. But i dont know how to translate that history into a winning appeal letter for my specific case.

Has anyone here fought a Unum (or Hartford, Cigna, Reliance Standard) self-reported symptom denial on a fibro, ME/CFS, or CRPS claim and won? What evidence did your appeal include? Did you need a vocational expert and a treating physician affidavit, or did the in-house records do enough? I have 180 days to file the ERISA appeal and i cannot afford to get this wrong.

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Unum denied my LTD at the 24 month mental/nervous limitation even though my fibro is a physical diagnosis. Anyone fought this 'self-reported symptoms' exclusion and won? | ClaimCave