A Minnesota federal court ruled that Unum was wrong to deny long-term disability benefits to Sara Whitehouse, an Addiction Medicine Specialist suffering from Long-Haul COVID and Chronic Fatigue Syndrome.
Background
Sara Whitehouse, a licensed physician, worked as an addiction specialist at St. Joseph’s Hospital in Minnesota, a designated Covid-19 deployment center. She contracted Covid-19 and became ill with symptoms like nausea, fatigue, abdominal pain, and body aches.
Ms. Whitehouse returned to work after about a week, but her shortness of breath and fatigue worsened, making talking and walking difficult. She sought emergency room treatment in May 2020.
Since contracting Covid-19, Ms. Whitehouse has experienced:
- Fatigue
- Vocal cord dysfunction
- Cardiomyopathy
- Chronic pain
- Post-exertional malaise
- Unrefreshing sleep
- Cognitive impairments
- Orthostatic intolerance
Due to the severity of her symptoms, her doctors recommended she stop working. Ms. Whitehouse filed for short-term disability benefits, which Unum approved for the full 180-day period. However, Unum denied her claim for long-term disability benefits, leading her to file a lawsuit.
The Court’s Review
The court thoroughly reviewed the evidence and found that Ms. Whitehouse met the definition of disability and was entitled to benefits. The court criticized Unum’s medical review by its consultant, Dr. Scott Norris, who concluded that Ms. Whitehouse was not disabled.
The court found Dr. Norris’s rationale unpersuasive, noting:
- He inconsistently treated Ms. Whitehouse’s subjective complaints.
- He wrongfully used moments of physical improvement to suggest overall recovery.
- He failed to consider the collective impact of her conditions.
- He focused too much on the lack of work restrictions while ignoring ongoing restrictions.
- He dismissed evidence as not “time relevant,” despite being asked to assess work restrictions from March 16, 2021, onward.
- He faulted Ms. Whitehouse for not providing objective evidence, although her conditions do not typically have such evidence.
The court dismissed Dr. Norris’s report and found Ms. Whitehouse’s evidence persuasive, concluding that Unum was wrong to deny her benefits.
This case highlights how insurance companies may ignore disability evidence in favor of flawed medical reviews. Having a knowledgeable long-term disability lawyer is crucial in fighting against these insurers.
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