In a long-term disability insurance case against Unum Life Insurance Company of America, Azin Jalali of Pillsbury and Coleman successfully secured insurance benefits for a Big Law partner and litigator who is no longer able to meet the demands of her occupation. The insured suffers from debilitating migraines, vestibular migraines, visual snow syndrome, and hypopituitarism making it impossible for her to perform the cognitive aspects of her work in a reliable manner. Unum terminated the insured’s disability benefits, arguing that her condition had improved and that her treatment was stable. Unum surveilled the insured and claimed that her activities were inconsistent with her disability. Unum also argued that because the insured was able to work part-time for short periods of time, she was capable of returning to full-time work.
The Court, however, disagreed and found that the surveillance information was consistent with the insured’s disabling conditions and that the insured’s failed attempts to return to work were evidence of her inability to meet the demands of an attorney. The Court also permitted the insured to submit additional medical information that was outside of the administrative record, finding that Unum had failed to give the insured and her treating physicians a sufficient opportunity to respond to Unum’s medical review. The Court awarded the insured her retroactive disability benefits with interest and reopened her claim, refusing to remand the claim to Unum for further review. The Court also awarded all requested attorneys’ fees and costs so that the insured was able to walk away with all of her benefits.