TH&D, by the way, is not a fancy insurance defense firm, but a well-worn tactic that exhausts plaintiffs while it runs out the clock. The details of the run-around will be excruciatingly familiar to Unum LTD plaintiffs.
Arkun’s claim for LTD benefits was first denied in September 1999. The insurer requested additional medical information in February 2001. Arkun underwent additional medical tests and submitted the information. In June 2003, the insurer began paying benefits retroactive to 2000. In July 2004, however, Unum suspended payments, having determined that Arkun was ineligible. She appealed the determination in the same month. In August, Unum closed out her appeal, claiming that she had not sent promised medical information.
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The lawsuit thereafter went through years of conferences and motion practice. In November 2016, Unum asked that the case be dismissed as time-barred. Arkun never responded. By September 2017, it was all over.
What’s the takeaway, apart from a crushing sense of defeat?
First of all, no one, not even very smart tax lawyers should ever represent themselves in a disability benefits denial lawsuit. Second, as surely as the sun rises in the east, TH&D will appear for the defense. Finally, a famous fake-Latin phrase, “Illegitimi non carborundum,” comes to mind. Don’t let them wear you down.